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

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

.