Dennis E. and Paula W. Lofstrom - Page 10

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          supra.  Accordingly, we sustain respondent’s determination                  
          disallowing a deduction for the value of the contract for deed.9            
          B.   Bed And Breakfast Expenses                                             
               We must next determine whether petitioners are entitled to             
          deduct expenses related to operating a B&B on the first floor of            
          their home.  Generally, taxpayers are restricted from deducting             
          expenses of their residences, or more specifically, expenses                
          related to a “dwelling unit” that taxpayers use as a personal               
          residence.10  Sec. 280A(d)(1).                                              
               Petitioners admit that they used their dwelling unit, at               
          least in part, as a personal residence.  Unless an exception                
          applies, therefore, petitioners may not deduct expenses of their            
          residence.  Respondent argues, and we agree, that petitioners               
          failed to substantiate and hence meet their burden to prove that            
          they operated a portion of their residence as a business.                   
               Deducting the business portion of a dwelling unit is                   
          restricted.  For example, if personal use of the business portion           
          of a dwelling unit exceeds the greater of 14 days or 10 percent             


               9We find no merit in petitioners’ arguments concerning the             
          doctrines of “constructive receipt” or “origin of claim” to                 
          characterize the transfer of the contract for deed as alimony.              
               10This general rule does not apply to those expenses that              
          are deductible regardless of any connection with a trade or                 
          business, such as mortgage interest on the residence under sec.             
          163, real estate taxes under sec. 164, or casualty losses under             
          sec. 165.  Sec. 280A(b).                                                    






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