- 28 - Accordingly, for 1997 petitioners are subject to the limitations provided in section 280A. Section 280A(c)(3) provides: (3) Rental use.–-Subsection (a) shall not apply to any item which is attributable to the rental of the dwelling unit or portion thereof (determinated after the application of subsection (e)). Section 280A(e) provides: (1) In general.–-In any case where a taxpayer who is an individual * * * uses a dwelling unit for per- sonal purposes on any day during the taxable year (whether or not he is treated under this section as using such unit as a residence), the amount deductible under this chapter with respect to expenses attribut- able to the rental of the unit (or portion thereof) 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 (or portion thereof) is rented at a fair rental bears to the total number of days during such year that the unit (or portion thereof) is used. (2) Exception for deductions otherwise allowable. -–This subsection shall not apply with respect to deductions which would be allowable under this chapter for the taxable year whether or not such unit (or portion thereof) was rented. On the instant record, we find that the numerator of the fraction under the limitation imposed by section 280A(e)(1) is zero. That is because the numerator of that fraction consists of the number of days during 1997 that the Doon Way residence was rented, and we have found that petitioners did not rent the Doon Way residence during that year. On the record before us, we find that petitioners have failed to carry their burden of proving that the expenses that they claimed for 1997 with respect to thePage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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