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

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.

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