Bolton v. Commissioner
United States Tax Court
Petitioners in 1976 owned a vacation home which was rented for 91 days, used for personal purposes for 30 days, and left vacant for the remainder of the year.
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Petitioners in 1976 owned a vacation home which was rented for 91 days, used for personal purposes for 30 days, and left vacant for the remainder of the year. Held, in applying the limitation on deductions of rental expenses in sec. 280A(c)(5)(B), I.R.C. 1954, petitioners correctly allocated 25 percent of the interest and property taxes paid with respect to the vacation home to its rental use, corresponding to the approximate percentage of the days of the year the property was rented.
1Opinion of the Court
OPINION
Raum, Judge:
The Commissioner determined an $859 deficiency in petitioners’ 1976 income tax. After concessions, the only remaining issue is the amount of deductions allowable in accordance with section 280A, I.R.C. 1954, with respect to maintenance expenses, exclusive of interest and property taxes, on petitioners’ Palm Springs vacation home. The answer depends upon the amount of interest and property taxes allocable to the rental use of the property under section 280(A)(c)(5)(B). The case was submitted on the basis of a stipulation of facts.
At the time of the filing of their petition…
2Cases cited1 opinion
- McKinney v. CommissionerUnited States Tax Court · 1981
3Cited by45 opinions
- Dorance D. And Helen A. Bolton v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1982
- Frazee v. CommissionerUnited States Tax Court · 1992
- Ann Jackson Family Found. v. CommissionerUnited States Tax Court · 1991
- Feldman v. CommissionerUnited States Tax Court · 1985
- De Marco v. CommissionerUnited States Tax Court · 1986
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