Robert D. and Ana M. Shirley - Page 2

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          “used predominantly to furnish lodging,” but is allowable if a              
          motor home is “used primarily as a means of transportation.”                
          It thus asks an imponderable question--when a vehicle can be                
          simultaneously used for both lodging and transportation, how can            
          one tell which use is primary?                                              
                                     Background                                       
               Robert and Ana Shirley were Oregon residents when they filed           
          their petition.  Robert Shirley owned Motor Home Rentals, a                 
          business in Central Point, Oregon that both rented and sold motor           
          homes.  During 1997, his rental fleet had a total of 27 motor               
          homes, including a new 1998 Gulfstream Motor Home that he bought            
          for $48,000 in August and added to his fleet under the                      
          designation “MH #22.”                                                       
               His usual terms for motor home rentals were much like those            
          for car rentals--a daily or weekly fee, a daily mileage allowance           
          of 100 miles, and a mileage charge of $.25 for each additional              
          mile.  In 1997, petitioner rented his motor homes to numerous               
          customers in a total of 322 transactions, for anywhere between              
          one and 90 days.  Most of his customers used fewer than their 100           
          miles per day.                                                              
               This case arose from notices of deficiency that respondent             
          issued for 1997 and 1998.  Concessions and compromises by both              
          parties completely settled the dispute about the Shirleys’ 1998             
          deficiency, leaving only one issue to decide--whether to allow              






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