S. Richard Fine v. United States

SWYGERT, Circuit Judge.

At issue in this appeal is whether under section 280A of the Internal Revenue Code of 1954, as amended, 26 U.S.C. § 280A, a taxpayer who made personal use of his condominium unit for twenty days of the taxable year is entitled to take a deduction for a loss sustained from rental operations when his unit participated in a resort rental pool for 333 days but was rented to resort guests for only 149 days. We hold that section 280A bars the deduction at issue, and for a reason different from that given by the district judge, we affirm the judgment of the district court, 493…