Bauer v. Commissioner
United States Tax Court
In 1967, petitioner built a $150,000 house in Glencoe, Illinois which he used as a family residence immediately upon completion of construction. Based on the contention that he was in the trade or business of building furnished luxury homes, he deducted the maintenance expenses and depreciation. He also claimed investment credits for furniture used to furnish the house, as well as depreciation on the furniture.Petitioner constructed no other houses during the years in issue.
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In 1967, petitioner built a $150,000 house in Glencoe, Illinois which he used as a family residence immediately upon completion of construction. Based on the contention that he was in the trade or business of building furnished luxury homes, he deducted the maintenance expenses and depreciation. He also claimed investment credits for furniture used to furnish the house, as well as depreciation on the furniture.Petitioner constructed no other houses during the years in issue. Held, petitioner was not in the trade or business of building luxury homes. No deductions for maintenance of the house…
1Opinion of the Court
MARSHALL BAUER and SANDRA BAUER, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
Bauer v. Commissioner
Docket No. 8426-71.
United States Tax Court
T.C. Memo 1973-191; 1973 Tax Ct. Memo LEXIS 97; 32 T.C.M. (CCH) 887; T.C.M. (RIA) 73191;
August 28, 1973, Filed
In 1967, petitioner built a $150,000 house in Glencoe, Illinois which he used as a family residence immediately upon completion of construction. Based on the contention that he was in the trade or business of building furnished luxury homes, he deducted the maintenance expenses and depreciation. He also claimed investment credits…
2Cases cited11 opinions
- Higgins v. CommissionerSupreme Court of the United States · 1941
- Fischer v. CommissionerUnited States Tax Court · 1968
- International Artists, Ltd. v. CommissionerUnited States Tax Court · 1970
- Koons v. CommissionerUnited States Tax Court · 1961
- Martin Mayrath and Rose Mayrath v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1966
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