Leslie A. and Betsy M. Roy - Page 9

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               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 entire              



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