- 25 - In determining whether there is gain or loss on the foreclosure of petitioner’s property in 1991, an allocation must be made for tax purposes between the portion of the structure’s use devoted to personal use and the portion devoted to petitioner’s business. See Snyder v. Commissioner, T.C. Memo. 1975-221. According to petitioner, the entire structure should be treated as property used in a trade or business despite the fact that he lived there. In support of his argument, petitioner cites four Tax Court cases.22 In each cited case, the taxpayer was seeking an exclusion from gross income under section 61 for either lodging or meals provided by his employer pursuant to section 119. Under section 119(a)(2), the value of lodging furnished to an employee is excluded from the employee’s gross income if “the employee is required to accept such lodging on the business premises of his employer as a condition of his employment.” Here, however, the fair rental value of the lodging provided to petitioner has not been included in his income by respondent. Rather, respondent determined that petitioner realized a capital gain when the Miami property was foreclosed. Thus, section 119 as an exception to section 61 does not apply in the instant case. 22Giesinger v. Commissioner, 66 T.C. 6 (1976); Lindeman v. Commissioner, 60 T.C. 609 (1973); Olkjer v. Commissioner, 32 T.C. 464 (1959); and Stone v. Commissioner, 32 T.C. 1021 (1959).Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011