- 31 - 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.”Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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