- 25 -                                        
          expenses and depreciation are deductible; (2) if acquisition and            
          maintenance is motivated primarily by personal considerations,              
          deductions are disallowed; and (3) if substantial business and              
          personal motives exist, allocation becomes necessary.  Intl.                
          Trading Co. v. Commissioner, 275 F.2d 578, 584-587 (7th Cir.                
          1960), affg. T.C. Memo. 1958-104; Intl. Artists, Ltd. v.                    
          Commissioner, supra at 104-105; Richardson v. Commissioner,                 
          supra; Griffith v. Commissioner, supra; Kenerly v. Commissioner,            
          T.C. Memo. 1984-117.                                                        
               Where the property in question is residential in character,            
          a further limitation with potential bearing on business-related             
          deductions claimed under section 162 or 167 is contained in                 
          section 280A.  Effective for tax years beginning after 1975, that           
          statute reads in part:                                                      
               SEC. 280A.     DISALLOWANCE OF CERTAIN EXPENSES IN                     
                              CONNECTION WITH BUSINESS USE OF HOME,                   
                              RENTAL OF VACATIONS HOMES, ETC.                         
                    (a) General Rule.--Except as otherwise provided in                
               this section, in the case of a taxpayer who is an                      
               individual or an S corporation, no deduction otherwise                 
               allowable under this chapter shall be allowed with                     
               respect to the use of a dwelling unit which is used by                 
               the taxpayer during the taxable year as a residence.                   
                         *    *    *    *    *    *    *                              
                    (c) Exceptions for Certain Business or Rental Use;                
               Limitations on Deductions for Such Use.--                              
                         (1) Certain business use.--Subsection (a)                    
                    shall not apply to any item to the extent such                    
                    item is allocable to a portion of the dwelling                    
Page:  Previous   15   16   17   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34   NextLast modified: May 25, 2011