Charles E. & Sandra A. Anderson - Page 9

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               In Grigg v. Commissioner, 979 F.2d 383, 385-386 (5th Cir.              
          1992), affg. T.C. Memo. 1991-392, in which the taxpayer, similar            
          to the taxpayer in Byers v. Commissioner, supra, used a                     
          condominium for part of the year as a rental and for part of the            
          year as a personal residence, the Court of Appeals, in dicta,               
          stated that section 280A does apply to large hotels:                        

               [A] taxpayer may * * * [take deductions] for the entire                
               portion of the hotel which is used solely for                          
               commercial purposes.  The portion of the hotel which is                
               used for personal use obviously does not fit the                       
               exception and therefore is a dwelling unit, subject to                 
               the provisions in section 280A.                                        
                    Thus, for example, if 98 units of a 100 unit hotel                
               are used exclusively as a hotel and 2 units are used                   
               for personal reasons, the deductible expenses for the                  
               98 units are excepted from section 280A and cannot be                  
               limited thereby since that portion of the hotel meets                  
               the requirements of the hotel exception.  The other two                
               units are dwelling units since the owner has not used                  
               them exclusively as a hotel. * * * [Fn. ref. omitted.]                 

               The purpose of section 280A is to prevent taxpayers from               
          taking business deductions which in effect relate to personal               
          living expenses.  By reading into the statutory language of                 


               2(...continued)                                                        
          taxpayer-owner of a 500-room hotel uses one of the suites as his            
          personal residence and chooses each morning to read the newspaper           
          in the hotel lobby.  Petitioners argue that the taxpayer’s                  
          personal use of the lobby would be de minimis and should not                
          result in the disallowance of business expenses relating to the             
          hotel lobby.  Respondent agrees that, “Arguably, merely reading a           
          newspaper in a lobby does not rise to ‘use for personal                     
          purposes’” but cautions that “the owner might be wise to do his             
          reading elsewhere”.  Herein, we do not decide whether there is a            
          de minimis exception to the exclusive-use limitation of sec.                
          280A(f)(1)(B).                                                              




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