- 10 - section 280A an exception for establishments that reach a certain size or commercial level, petitioners would in effect grant to taxpayers owning large hotels deductions that would be prohibited to owners of small hotels simply by virtue of the disparity in the size or commercial nature of their respective hotels. Section 280A(f)(1)(B) specifically refers to hotels and in so doing does not place any limitation on the size or nature of the hotel. The narrow reading by petitioners of section 280A(f)(1)(A) is not consistent with the statutory language. Even if petitioners’ legal argument had validity, which it does not, the facts herein are quite different from petitioners’ extreme hypothetical situation. Nearly one quarter of petitioners’ moderately sized bed and breakfast inn is used exclusively or partially for personal purposes. If we find that section 280A is applicable to petitioners’ Inn, in the alternative petitioners argue that their business use of the dual-use portion of the Inn should be treated as used exclusively in the business of operating a bed and breakfast and therefore as qualifying for business deductions under the Hotel Exception of section 280A(f)(1)(B). Petitioners misread the exclusive-use rule of the Hotel Exception. Thereunder, as explained, only the portion of petitioners’ Inn used solely and exclusively in the business of operating the bed and breakfast is treated as business property. The dual-use portion of the Inn, because it was used partiallyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011