- 5 - Section 212(2) allows as a deduction all the ordinary and necessary expenses paid or incurred during the taxable year for the management, conservation, or maintenance of property held for the production of income. Section 262(a) provides that no deduction shall be allowed for personal, living, or family expenses. Section 280A(a) generally provides that no deduction shall be allowed with respect to the use of a dwelling unit which is used by the taxpayer during the taxable year as a residence. Congress enacted section 280A in the Tax Reform Act of 1976, Pub. L. 94-455, sec. 601, 90 Stat. 1520, 1569, as its response to the concern that the rental of property used as a residence "afforded the taxpayer unwarranted opportunities to obtain deductions for expenses of a personal nature." Bolton v. Commissioner, 77 T.C. 104, 108 (1981), affd. 694 F.2d 556 (9th Cir. 1982). For purposes of section 280A(a), a taxpayer uses a dwelling unit as a residence during the taxable year if he uses it for personal purposes for a number of days which exceeds the greater of 14 days or 10 percent of the number of days during such year that it is rented at a fair rental. See sec. 280A(d)(1). As pertinent in this case, a taxpayer is deemed to have used a dwelling unit for personal purposes on any day that it is used for personal purposes by any member of the taxpayer's family, unless the family member rents the dwelling unit at a fair rental for use asPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011