Robert D. and Ana M. Shirley - Page 12

                                       - 12 -                                         
          of Committee Discussion Draft of Revenue Bill of 1961, at 9                 
          (J. Comm. Print 1961)).  We nevertheless held that, in deciding             
          whether the mobile homes at issue were used predominantly for               
          lodging, the key factor was the alternative to company-paid                 
          accommodations their inhabitants would likely have bought.  We              
          reasoned that “they are nonetheless used by individuals to                  
          replace assets that clearly would not be [qualifying property]--            
          if * * * housing were not provided to the * * * employees, those            
          employees would be forced to either rent or buy other housing.”             
          Id.  This substitute housing, it was implied, could not be                  
          qualifying property because it was residential real estate.  Of             
          course, from Union Pacific’s viewpoint, the mobile homes were               
          part of its productive investment, even if they were also used              
          for lodging.                                                                
               Union Pacific is thus some guide to the general problem of             
          how to characterize property capable of two simultaneous uses.              
          As in Union Pacific, we must ask what Shirley’s customers would             
          have had to buy or rent if motor homes were not available.  If              
          these substitute goods would be allowed as qualifying property              
          under section 50(b), then so would motor homes.  Shirley’s                  
          customers, unlike the railway workers in Union Pacific, would               
          need as substitute goods some combination of both lodging and               
          transportation.  If a car or truck were rented to customers to              
          provide them with the mobility of a motor home, those vehicles              






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011