- 14 - However, a taxpayer shall not be treated as using a dwelling unit for personal purposes by reason of a rental arrangement for any period if for such period such dwelling unit is rented, at a fair rental, to any person for use as such person’s principal residence. Sec. 280A(d)(3). Under section 267(c)(4), “The family of an individual shall include only his brothers and sisters (whether by the whole or half blood), spouse, ancestors, and lineal descendants”. Mrs. Viar’s brother, therefore, was a family member of petitioners under the plain language of section 267(c)(4). As a result, the use of that dwelling was personal as to petitioners, and section 280A precludes their deduction of the expenses related thereto. Moreover, because no evidence was presented as to the fair rental value of the dwelling or the value of the improvements made by Mrs. Viar’s brother, petitioners do not fall under the fair rental exception of section 280A(d)(3). McDonald v. Commissioner, T.C. Memo. 1991-242; Gilchrist v. Commissioner, T.C. Memo. 1983-288. Accordingly, petitioners are not entitled to deduct the depreciation and insurance expenses associated with the Morningside Heights property under the legal provisions cited. Respondent is sustained on this issue.6 6 As noted earlier, respondent allowed the claimed deductions for taxes on the dwelling as an itemized deduction.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011