- 5 - Respondent disallowed deduction of any expenses or depreciation on the grounds that section 280A(c)(6) denies deduction when an employee rents a residence to his employer for business purposes, and respondent disallowed exclusion under section 280A(g)(2), arguing that the $12,000 was not de minimis rental income. Rather, respondent argues that petitioners rented their residence to Roy Farms for $1,000 a month, who subsequently leased it back to petitioners rent free as farm housing.2 Because this alleged leasing agreement provided for rental of petitioner's home for more than 15 days during the taxable year, the exclusion for de minimis use of their property, respondent argues, does not apply. Petitioner contends that even if respondent's position were true, section 280A(g)(2) works to exclude the $1,000 payments from Roy Farms as rental income because the payments are significantly below the fair rental value of the residence, and thus the petitioners have not actually rented out their dwelling unit but have maintained exclusive personal use of the house as a residence for the entire taxable years at issue. Discussion Generally, a taxpayer may not deduct expenses incurred from the rental use of a personal residence or any portion thereof. 2We decline to address the application of sec. 119 to petitioners, as this issue was not raised by either party anywhere in the record.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011