Vashon C. and Beverly C. Jackson - Page 6




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          his principal residence.  See sec. 280A(d)(2)(A) and (3)(A);                
          Kotowicz v. Commissioner, T.C. Memo. 1991-563.                              
               Since the Charitys paid only $500 per month for their use of           
          2117 Hollins Court as their principal residence and its fair                
          rental value was at least $600 per month (based on Eagle Realty's           
          1988 estimate), their personal use of 2117 Hollins Court is                 
          treated as petitioners' personal use for every day of the taxable           
          years in issue.  Thus, under section 280A(d)(1), 2117 Hollins               
          Court was used by petitioners as a residence during the taxable             
          years in issue.  See Dinsmore v. Commissioner, T.C. Memo. 1994-             
          134, affd. in part and remanded in part without published opinion           
          78 F.3d 592 (9th Cir. 1996).  Accordingly, section 280A(a) is               
          generally applicable to the amounts in issue.                               
               Section 280A(a) does not, however, apply to any item which             
          is attributable to the rental of the dwelling unit, as determined           
          under section 280A(e).  See sec. 280A(c)(3).  Section 280A(e)(1)            
          provides that, where an individual uses a dwelling unit for                 
          personal purposes for any day during the taxable year, the amount           
          deductible with respect to the expenses attributable to the                 
          rental of the dwelling unit for the taxable year shall not exceed           
          an amount which bears the same relationship to such expenses as             
          the number of days during each year that the unit is rented at a            
          fair rental bears to the total number of days during such year              
          that such unit is used.                                                     






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