Brian E. & Marcie L. Mallin - Page 7




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          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 apportion              








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