Opinion

Feldman v. Commissioner

  • 84 T.C. 1
  • 84 T.C. No. 1
  • 1985 U.S. Tax Ct. LEXIS 137
Court
United States Tax Court
Filed
Jan 8, 1985
Status
Published
Author
Nims
On the bench
Cohen,Dawson,Fay,Sterrett,Goffe,Chabot,Nims,Korner,Shields,Swift,Jacobs,Gerber,Wright,Whitaker,Hamblen,Clapp,Nims,Chabot,Cohen,Jacobs,Gerber,Wright,Simpson,Wilbur,Simpson
Cited by
26 cases

adopting square footage method because it was “the more precise method and [thus] the most reasonable method available”

How later courts described this case

  • adopting square footage method because it was “the more precise method and [thus] the most reasonable method available”

Written by the judges who cited it.

The opinion

Nims, J., concurring: While I agree that this case falls within the language of section 280A(c)(3) (relating to "rental use”), I deem it essential to recognize the result for what it is, namely, one which follows from the facts as found by the trial judge, and nothing more. It may confidently be expected that close scrutiny will be given similar fact patterns in the future where the possibility of compensation disguised as rent may be present. Under such circumstances, the conditions for home office deductions provided by Congress in section 280A(c)(l) will, of course, apply.

Chabot, Cohen, Jacobs, Gerber, and Wright, JJ., agree with this concurring opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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