- 24 - issue to show the value of the Mahmoud Daya family’s lodging. The value of a claimed dependent’s lodging must be included as part of his total support; it is well settled, however, that the proper measure for valuing lodging for purposes of determining support is the fair rental value of the premises allocable to the claimed dependent and not the actual mortgage payments and property taxes paid for maintaining the household. See Pierce v. Commissioner, 66 T.C. 840, 849 (1976); Blarek v. Commissioner, 23 T.C. 1037, 1039 (1955); Keegan v. Commissioner, T.C. Memo. 1997-511; Pierce v. Commissioner, T.C. Memo. 1981-254; Gilliam v. Commissioner, T.C. Memo. 1969-188, affd. per curiam 429 F.2d 570 (4th Cir. 1970); Tourte v. Commissioner, T.C. Memo. 1969-143; Sumner v. Commissioner, T.C. Memo. 1969-156; Coary v. Commissioner, T.C. Memo. 1969-25; sec. 1.152-1(a)(2)(i), Income Tax Regs. Petitioners have not provided any evidence from which we could conclude that the mortgage payments and property taxes are in any way related to the fair rental value of the Foster City residence. See Coary v. Commissioner, supra. Without evidence of the fair rental value of the residence, Gabriel cannot establish Mahmoud’s total support. See Sumner v. Commissioner, supra; Coary v. Commissioner, supra. Petitioners assume they should be credited with supplying the Mahmoud Daya family’s lodging during the years in issue, but it is the owner of the premises who is to be credited with providing thePage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011