Robert D. and Ana M. Shirley - Page 4

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               The parties agree that MH #22 meets all the requirements for           
          being section 179 property except one:  Respondent argues that              
          motor homes generally, and MH #22 in particular, are property               
          “used predominantly to furnish lodging.”  Petitioners disagree              
          with respondent on that point, contending that motor homes are              
          primarily used for transportation.  Petitioners also argue that             
          even if MH #22 is predominantly used for lodging, it qualifies              
          for the exception to the exclusion, because it is lodging the               
          predominant portion of which is “used by transients,” since most            
          of petitioners’ customers were short-term renters.                          
               Solving this puzzle as the parties have presented it                   
          requires answering two preliminary questions.  The first is                 
          whether we should focus on MH #22 alone, or on Shirley’s motor              
          home business as a whole; the second is whether regulations exist           
          that we can look to in analyzing the question.                              
               Neither party squarely addressed the issue of whether we               
          should look at the “predominant use” of Shirley’s fleet of rented           
          motor homes or at the “predominant use” of MH #22 alone, but we             
          do have some usable precedent.  In Van Susteren v. Commissioner,            
          T.C. Memo. 1978-310, we decided that a small businessman who                


               3(...continued)                                                        
          to stimulate the economy by allowing business owners a credit on            
          their tax bill for purchases of new tangible personal property.             
          H. Rept. 1147, 87th Cong., 2d Sess. (1962), 1962-3 C.B. 402, 411-           
          413.  The credit’s purpose was to increase “the profitability of            
          productive investment by reducing the net cost of acquiring new             
          equipment.”  Id., 1962-3 C.B. at 411.                                       




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