Depreciation Deduction, Rental Income, And Passive Activity

Heather P. Dunn and Edison Dunn v. Comm’r |T.C. Memo 2022-112 | November 29, 2022 | Wells, J. | Dkt. No. , No. 9996-17

Short Summary:  At issue in this case are several deductions that the taxpayers claimed – including depreciation and certain losses from passthrough of their wholly-owned corporation.  Unfortunately, the taxpayers in this case failed to maintain sufficient documentation and failed to satisfy multiple rules that would have allowed them to claim such deductions.  As a result, the deductions were denied, and accuracy-related penalties were sustained.

Key Issues:

  • Whether the taxpayers were entitled to a depreciation deduction on the wife’s Ford Explorer;
  • Whether the taxpayers were entitled to a deduction of certain net losses; and
  • Whether the taxpayers were entitled to deduct flowthrough losses from an entity they owned, Magnet Development LLC.
  • Whether the taxpayers were properly assessed accuracy-related penalties.

Facts and Primary Holdings

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Income From Renting Out A Second Home

In general, income from renting a vacation home for 15 days or longer must be reported on your tax return on Schedule E, Supplemental Income and Loss. You should also keep in mind that the definition of a “vacation home” is not limited to a house. Apartments, condominiums, mobile homes, and boats are also considered vacation homes in the eyes of the IRS. Tax rules on rental income from second homes can be confusing, especially if you rent the home out for several months of the year and use the home yourself.

Minimal Rental Use

However, there is one provision that is not complicated; homeowners who rent out their property for 14 or fewer days a year can pocket the rental income tax-free. In other words, if you live close to a vacation destination such as the beach or mountains, you may be able to make some extra cash by renting out your home (principal residence) when you go on vacation as long as it’s two weeks or less. Although you can’t take depreciation or deduct for maintenance, you can deduct mortgage interest, property taxes,and casualty losses on Schedule A (1040), Itemized Deductions.

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My client has an 1120-F entity and wishes to convert it to a C-Corp or S-Corp. Is there a way to do this without any tax implications? He is a US citizen and the corp has two buildings that generate rental income.

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