Sharon M. Rivera and Richard C. Rivera - Page 6

                                        - 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