- 5 - Because petitioners' gross income was less than their deductions for mortgage interest and taxes, petitioners must carryover their other deductions to the following tax year, and they are only deductible up to the amount of income generated by the property. Sec. 280A(c)(5).1 Tax Year 2000 During 2000, petitioners used their property for 8 days and rented it for 23 days for gross rentals of $1,500, or an average of $65.21 per day. Because petitioners rented the property for fair rental value during the year, their personal use did not exceed the greater of 14 days or 10 percent of the days it was rented at fair rental value during the year. Sec. 280A(d)(1). Petitioners’ deductions are not limited under section 280A(a) for 2000 because their property was not used as a "residence" during the year. Sec. 280A(a), (d)(1). Section 280A is not, however, the only obstacle between petitioners and their claimed deductions. Section 183(a) generally provides that if an activity engaged in by an individual is not entered into for profit, no deduction attributable to the activity shall be allowed, except as otherwise provided in section 183(b). An "activity not engaged in for profit" means any activity other than one for 1Because sec. 280A(a) applies, sec. 183 does not. Sec. 280A(f)(3).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011