- 9 - Petitioners' dwelling unit, as defined in section 280A(f)(1), includes all areas of the home plus the surrounding property. For $1,000 each month, petitioner agreed to let Roy Farms store apple bins, apples, and farming equipment on his property. He allowed the trucks to drive up and down the roadway leading up to his house, and permitted use of his telephone, bathroom facilities, and other miscellaneous areas of his home as needed for the convenience of those working on the farm. Even if the petitioners maintained certain areas of the house for their exclusive use, they are still considered to have rented out their dwelling unit for purposes of section 280A(g) because they rented out property appurtenant to their dwelling unit. The $1,000 monthly payments represent income from the rental of their dwelling unit for the entire year, which takes them out of section 280A(g) because the de minimis provision only seeks to exclude income from the rental of a dwelling unit for less than 15 days during the taxable year. Contrary to respondent's assertion, there is economic substance to this transaction, but it simply does not afford petitioners favorable tax treatment. The intent of the parties was to provide the petitioners with compensation for limited business use of their property. Based on the record, that use was confined to storage equipment and crops on certain areas of his property, use of his roads, and the occasional use of his telephone and bathroom facilities. When rented for the entirePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011