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