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

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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