- 14 - Petitioners deducted $5,852 on Schedule E as a loss sustained in renting petitioner's property during 1993.4 In addition to a depreciation expense of $2,895, petitioners deducted $415 for repairs, $80 for cleaning and maintenance, $2,900 for the cost of recovering the floors in carpet and vinyl, $415 for the replacement of the garage door, and $521 for insurance expense.5 Respondent disallowed these expenses because petitioners did not provide any evidence that the property actually was rented, or substantiate the expenses. We have found that petitioner rented the property to Murray for a below-market rental amount. Murray is petitioner's brother. A brother is a family member as defined in section 267(c)(4). Accordingly, the property constitutes a dwelling unit used as a residence by petitioner under section 280A, and petitioner is not entitled to deduct the rental expenses other 4Petitioners stipulated that they actually paid $300 in property taxes, rather than the $1,639 they claimed on their return. At trial petitioner conceded that a reported utilities expense of $402 was claimed in error. 5Petitioners submitted copies of some documents to verify these expenses. The carpet and vinyl vendor's invoice is dated Apr. 27, 1992, and shows the cost was actually $2,850. The copy of the insurance company's statement shows that the coverage was from Nov. 28, 1992 to Nov. 28, 1993, and that $176.84 was paid on Nov. 9, 1992. Thus, these expenses were incurred and paid in a year other than the one at issue. The invoice for the garage door is dated after petitioner quit her rental activity. This expense was incurred to fix up the property for sale and is an adjustment to the amount realized.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011