- 11 - (1990), affd. 965 F.2d 1038 (11th Cir. 1992); Miller v. Commissioner, 70 T.C. 448, 460 (1978); F.W. Woolworth Co. v. Commissioner, 54 T.C. 1233, 1265-1266 (1970)). The facts of petitioners’ case, considered in light of the statute and regulation proposed thereunder, do not justify the conclusion that petitioners used any portion of their home exclusively as a “hotel, motel, inn, or similar establishment.” Petitioners advertised the availability of the third floor units in the newspaper under the heading “House to Share”. Petitioner testified that their month-to-month tenants during the years in issue leased the units for 2 to 3 years. Nothing in the record suggests that petitioners operated a commercial operation such as a hotel, motel, inn, or similar establishment. Rather, the record indicates that petitioners rented rooms in their house to offset their living costs. Moreover, the adoption of petitioners’ broad interpretation of section 280A(f)(1)(B) would frustrate the purpose of section 280A. As such, petitioners are subject to the limitation of section 280A(c)(5) with respect to the rental of the third floor units of their main house. Petitioners, thus may deduct expenses to the extent of the excess of the gross income derived from such use for the taxable year over the sum of: (1) The deductions allocable to the rental use that are otherwise allowable regardless of such rental use (such as mortgage interest and realPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011