Charles E. & Sandra A. Anderson - Page 2

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               The issue for decision is whether petitioners’ bed and                 
          breakfast inn is to be treated as a dwelling unit subject to the            
          general disallowance rule of section 280A(a) and to the                     
          exclusive-use limitation of section 280A(f)(1)(B).  If so, none             
          of the expenses relating to the portion of petitioners’ bed and             
          breakfast inn that is used for both business and personal                   
          purposes are allowable.                                                     
               Unless otherwise indicated, all section references are to              
          the Internal Revenue Code in effect for the year in issue, and              
          all Rule references are to the Tax Court Rules of Practice and              
          Procedure.                                                                  

                                     Background                                       
               The facts of this case have been fully stipulated by the               
          parties under Rule 122 and are so found.                                    
               At the time the petition was filed, petitioners resided in             
          Sutter Creek, California.                                                   
               In April of 2000, petitioners purchased a bed and breakfast            
          inn located in Sutter Creek (the Inn).  From the time of its                
          purchase, petitioners and petitioner Sandra Anderson’s parents              
          have used a portion of the Inn as their personal residence, and,            
          after making repairs and improvements, petitioners continued                
          operating the Inn as a bed and breakfast under the name of                  
          “Eureka Street Inn”.                                                        







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