Crystal K. Abeyta and Ron L. Abeyta - Page 12

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          from the prison, Alice Springs was the closest residential                  
          community to the base.                                                      
               With respect to section 119(c)(2)(C), however, we conclude             
          that the lodging was not furnished in a common area (or enclave)            
          which is not available to the public and which normally                     
          accommodates 10 or more employees.  Indeed, petitioners’ lodging            
          was not available to the public as evidenced by the fact that               
          their specific lodging was restricted to personnel who work at              
          the base.  The lodging, however, was furnished in a common area             
          with respect to the fact that the base lodging was located within           
          the same community as housing available to the general public.              
          The housing units were interspersed throughout Alice Springs and            
          not separated into gated communities.  Section 1.119-1(d)(5),               
          Income Tax Regs., provides that a cluster of housing units does             
          not satisfy section 119(c)(2)(C) if it is adjacent to or                    
          surrounded by substantially similar housing available to the                
          general public.  Indeed, a public road accessible to the general            
          public ran through petitioners’ neighborhood.  Moreover, we are             
          constrained to find that living in a residential suburb does not            
          fit the common parlance of a “camp”.  These factors are                     
          sufficient to convince us that the lodging was not a camp for               
          purposes of section 119(c).  Therefore, petitioners’ lodging does           
          not constitute a camp within the meaning of section 119(c)(2)(C).           
          Accordingly, we sustain respondent’s determination on this issue.           






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