1trap
2confidencegames
1gucci
499
1jesusandjohnwayne
13albion
Mary Ann Evans 360x1000
399
1madoff
Margaret Fuller5 360x1000
10abion
Gilgamesh 360x1000
storyparadox2
8albion'
1transcendentalist
Storyparadox1
2lookingforthegoodwar
3theleastofus
George M Cohan and Lerarned Hand 360x1000
Mark V Holmes 360x1000
6albion
storyparadox3
11632
James Gould Cozzens 360x1000
lifeinmiddlemarch1
12albion
3confidencegames
2theleastofus
1lafayette
Susie King Taylor 360x1000
299
7confidencegames
2albion
2transadentilist
Maurice B Foley 360x1000
9albion
LillianFaderman
6confidencegames
3defense
2paradise
11albion
Betty Friedan 360x1000
5confidencegames
2gucci
Learned Hand 360x1000
4albion
3paradise
Anthony McCann1 360x1000
George F Wil...360x1000
Office of Chief Counsel 360x1000
Margaret Fuller4 360x1000
1theleasofus
Susie King Taylor2 360x1000
Brendan Beehan 360x1000
Richard Posner 360x1000
2lafayette
1lookingforthegoodwar
3albion
Margaret Fuller2 360x1000
Edmund Burke 360x1000
Margaret Fuller1 360x1000
4confidencegames
lifeinmiddlemarch2
2falsewitness
Anthony McCann2 360x1000
1albion
Ruth Bader Ginsburg 360x1000
Samuel Johnson 360x1000
AlexRosenberg
Margaret Fuller 360x1000
1lauber
Maria Popova 360x1000
Thomas Piketty2 360x1000
1confidencegames
14albion
Stormy Daniels 360x1000
Adam Gopnik 360x1000
Margaret Fuller3 360x1000
Lafayette and Jefferson 360x1000
2jesusandjohnwayne
2trap
199
1paradide
1defense
2defense
7albion
Thomas Piketty3 360x1000
1falsewitness
Margaret Fuller 2 360x1000
Thomas Piketty1 360x1000
5albion
1empireofpain
Tad Friend 360x1000
Spottswood William Robinson 360x1000

Originally published on Passive Activities and Other Oxymorons on February 18th, 2011.
____________________________________________________________________________
CCA 201104037

This was a ruling about whether someone qualified as a “first time” home buyer.  The “first time” is really a misnomer because your home buying virginity is restored if you haven’t owned a principal residence for three years.  I’m reproducing this one almost in full:

From: —————————— Sent: Tuesday, October 19, 2010 11:48:41 AM To: ——————————- Cc:


Here are the facts as we understand them. The taxpayer’s residence was destroyed by a fire on ——————. On that date, the (destroyed) home ceased to be the taxpayer’s principal residence.


In the latter part of 2008, the taxpayer began construction of a new home on the same property on which the destroyed home used to be located. The taxpayer occupied this new home on ——————.


During the period of ——————-through ——————, the taxpayer lived with his girlfriend, and sometimes at the homes of relatives and other friends. When the taxpayer began construction of the new residence in late 2008, he also lived in a storage shed / dwelling unit on the property where he was constructing his new home. The storage shed had a stove, refrigerator, bathroom, sleeping apparatus, and heat.

The taxpayer spent about 40% of his time in the storage shed / dwelling unit, and most of the rest of the 60% of his time living with his girlfriend.


Based on those facts, the storage shed / dwelling unit is a residence for purposes of section 121. Under Reg. section 1.121-1(e)(2), the term dwelling unit has the same meaning in section 280A(f)(1). Under Reg. section 1.280A-1, a dwelling unit includes a house, apartment, condominium, mobile home, boat, or similar property, which provides basic living accommodations such as sleeping space, toilet, and cooking facilities.

Although the storage shed / dwelling unit is a residence, it is not the taxpayer’s principal residence because he did not spend the majority of his time there. Reg. section 1.121- 1(b) provides, in part, that if a taxpayer alternates between two properties, using each as a residence for successive periods of time, the property that the taxpayer uses a majority of the time during the year ordinarily will be considered the taxpayer’s principal residence.


Therefore, the taxpayer meets the definition of a first-time homebuyer because he has not owned a principal residence within the three years prior to the date of purchase of the new home (here, the occupancy date). In this case, the taxpayer may only include the cost of construction of the new home in calculating the credit.

They always leave out the details that interest me.  What were the key factors in whether the taxpayer was sleeping with his girl friend or in the shed?  Conceivably it was tied in with his work schedule in fixing up the house.  Of course the other possibility was that it was an index of the relationship quality.  So there it is.  A forgotten birthday, a few less flowers, some unkind remarks about her friends and the toilet seat left up a couple of times and we would have had a totally different tax result.

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