- 2 - “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 allowPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011