- 11 - Commissioner, T.C. Memo. 1981-632 (section 280A did not apply to entire building where upper and lower portions were determined to be separate and distinct dwelling units). However, there were no separate and distinct dwelling units within the San Bruno residence during 1991. Rather, as reflected in petitioner's advertisements, the San Bruno residence consisted of a single dwelling unit that was shared by petitioner and "housemate" tenants during 1991. Petitioner's alternative argument is similar to the taxpayer's argument that we rejected in Russell v. Commissioner, T.C. Memo. 1994-96, affd. without published opinion 76 F.3d 388 (9th Cir. 1995). In Russell we found that the taxpayer's house consisted of a single dwelling unit even though the taxpayer essentially occupied only the master bedroom and bathroom, and the rest of the house was rented out to tenants unrelated to the taxpayer. There are no meaningful distinctions between this case and Russell. Consequently, for the reasons expressed in Russell, we hold that for purposes of section 280A the San Bruno residence must be treated as a single dwelling unit and proceed to consider petitioner's primary argument on that basis. Petitioner's primary argument, which deals with the application of section 280A(d)(4), assumes that renting, or holding for rent at fair rental value, all four bedrooms in the San Bruno residence equates to renting, or holding for rent at fair rental value, the San Bruno residence as a whole. UnlessPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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