- 6 - property as the taxpayer’s residence 12 feet away was part of the taxpayer’s “dwelling unit”. See Scott v. Commissioner, 84 T.C. 683 (1985). Further, the term “dwelling unit” is defined as a house and all structures or other property appurtenant to the house. Sec. 280A(f)(1). An attached garage is clearly appurtenant to the house. Petitioners argue that because they never used the workshop as a garage or as a personal space, the analysis should be different. We disagree, and respondent’s determination as to this issue is sustained. 3. The South Dakota Workshop Respondent initially denied a loss on the sale of the South Dakota workshop on the basis that it was part of the residence and thus the loss was personal in nature. Generally, no deduction is allowed on a loss incurred by a taxpayer with respect to the sale of his principal residence. See sec. 165(c); sec. 1.165-9(a), Income Tax Regs. Respondent has since modified his position, and the parties now agree that the workshop was used for a business or income-producing purpose. The crux of the remaining disagreement is how to calculate any gain or loss on the portion of the South Dakota property specifically attributable to the workshop. See sec. 1.165-9(b), Income Tax Regs. In particular, the parties disagree on how to apportionPage: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: March 27, 2008