Joseph A. and Sari F. Deihl - Page 31

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               On a related point, petitioners’ contention that the                   
          deductions at issue should be allowed notwithstanding section               
          280A because the house functions as a “trophy house” or                     
          “billboard” and could be characterized as marketing, promotion,             
          or advertising is essentially a claim that the applicability of             
          section 280A should turn on the type of business use to which the           
          otherwise residential property is put.  This position has been              
          rejected in words that ring true here:                                      
                    Section 280A provides a broad general rule                        
               requiring disallowance of deductions attributable to                   
               the business use of a personal residence, irrespective                 
               of the type or form of business use.  It is true that                  
               the potential for abuse in this area was typified by                   
               the situation where a taxpayer would make a dubious                    
               claim for a home office deduction. * * * Unfortunately                 
               for the petitioners here, the words of the law which                   
               Congress passed are straightforward and much broader in                
               their applicability--sufficiently broad as to catch                    
               petitioners in their net.  We are not, therefore, at                   
               liberty to “bend” the law, much as we may sympathize                   
               with petitioner’s position.  [Baie v. Commissioner,                    
               supra at 110; emphasis added.]                                         
               As regards exceptions under section 280A(c), the record does           
          not show, and indeed petitioners have never claimed, that any are           
          met here.5  No portion of the residence was used exclusively for            
          business.  Hence, neither petitioners nor any of their related              
          entities are entitled to deductions for the capitalized residence           
          improvements.                                                               


               5 Petitioners state on brief:  “Never have Petitioners                 
          claimed that (a) their home was a place of business, or (b) that            
          use by distributors was exclusive.”                                         




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