Vashon C. and Beverly C. Jackson - Page 5




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               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 as           






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