- 23 - Bolton v. Commissioner, 77 T.C. 104, 108 (1981), affd. 694 F.2d 556 (9th Cir. 1982). Respondent's position, insofar as it ignores the provisions of section 280A, is without legal foundation. Regardless of whether petitioners engaged in the activity of renting their home with the intent to earn a profit, section 280A requires petitioners to first offset rental income with expenses attributable to the rental use of the house which are otherwise allowable, such as mortgage interest paid. Petitioners do not argue otherwise. Therefore, petitioners are entitled to offset the rental income with mortgage interest paid in the amount of $5,700.12 To reflect the foregoing, Decision will be entered under Rule 155. 12 Petitioners rented the house to the students for 210 days during the taxable year. Accordingly, petitioners' house was rented for 58 percent of the taxable year 1991 (210 days/365 days). The mortgage interest attributable to the rental use of their house, therefore, is $9,608 (58 percent of total mortgage interest in the amount of $16,565). Bolton v. Commissioner, 77 T.C. 104, 111 (1981), affd. 694 F.2d 556 (9th Cir. 1982). Since the mortgage interest attributable to the rental use of the Connecticut house exceeds rental income, the net rental income is zero.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23
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