Guido Ruggiero and Kristin Ruggiero - Page 23

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          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.                                                                       




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