Legal Opinion

Byers v. Commissioner

United States Tax Court

Decided June 5, 1984No. Docket No. 18945-80PublishedCited by 9 opinions

Petitioners purchased two condominium units in a complex operated by a limited partnership as a resort hotel. Petitioners were also required to become limited partners in the partnership and to make their units available to a rental pool for rental to hotel guests for the entire year except for up to 30 days' personal use rent free.

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Petitioners purchased two condominium units in a complex operated by a limited partnership as a resort hotel. Petitioners were also required to become limited partners in the partnership and to make their units available to a rental pool for rental to hotel guests for the entire year except for up to 30 days' personal use rent free. Held, petitioners' units were not "used exclusively as a hotel" within the meaning of sec. 280A(f)(1)(B), I.R.C. 1954. Held, further, petitioners' units were only rented at fair rental those days the units were actually rented to hotel guests. Held, further, the…

1Opinion of the Court

Wiles, Judge:

Respondent determined the following deficiencies in petitioners’ Federal income taxes:

Taxable year Deficiency

1974. $2,754

1975. 198

1976. 5,419

1978 . 3,626

Petitioners have conceded all issues except those attributable to deductions taken on their vacation home in 1976 and 1978. The issues remaining for decision are: (1) Whether petitioners’ condominium units were used exclusively as a hotel within the meaning of section 280A(f)(l)(B);1 (2) whether petitioners’ condominium units were rented at fair value while the units were participating in a mandatory rental pool agreement; (3)…

2Cases cited8 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Cohan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
  3. Crane v. CommissionerSupreme Court of the United States · 1947
  4. Old Colony Railroad v. CommissionerSupreme Court of the United States · 1932
  5. Bolton v. CommissionerUnited States Tax Court · 1981

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Mehdi Razavi and Alexandra L. Razavi v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1996
  2. Lofstrom v. Comm'rUnited States Tax Court · 2005
  3. Anderson v. Comm'rUnited States Tax Court · 2006
  4. Byers v. CommissionerUnited States Tax Court · 1984
  5. Dennis E. and Paula W. Lofstrom v. CommissionerUnited States Tax Court · 2005

4 more not listed; retrieve them via the Exa API.

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