Charles E. & Sandra A. Anderson - Page 7

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          unit (or a portion thereof) for personal purposes for the greater           
          of 14 days or 10 percent of the number of days during the year              
          that the unit is rented at a fair rental value.  Sec. 280A(d)(1).           
               Section 280A(f)(1)(A) defines a “dwelling unit” for purposes           
          of section 280A as:                                                         

               a house, apartment, condominium, mobile home, boat, or                 
               similar property, and all structures or other property                 
               appurtenant to such dwelling unit.                                     

               Under section 280A(f)(1)(B), however, where portions of a              
          dwelling unit are used exclusively as a hotel, motel, inn, or               
          similar business, the portion thereof that is used exclusively in           
          the business will not be considered part of the dwelling unit for           
          purposes of the disallowance rule of section 280A(a) (the Hotel             
          Exception).  Section 280A(f)(1)(B) provides as follows:                     

               The term “dwelling unit” does not include that portion                 
               of a unit which is used exclusively as a hotel, motel,                 
               inn, or similar establishment.                                         

               The word “exclusively”, as used in section 280A(f)(1)(B),              
          should be given its ordinary and common meaning.  Crane v.                  
          Commissioner, 331 U.S. 1 (1947); Old Colony R.R. Co. v.                     
          Commissioner, 284 U.S. 552 (1932).                                          
               In Byers v. Commissioner, 82 T.C. 919, 925 (1984) (involving           
          the rental of a condominium unit as part of a resort hotel and              
          the personal use of the condominium by the taxpayer for 30 days             
          of the year), we held that for purposes of the Hotel Exception              





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