BURKHART v. COMMISSIONER

Docket No. 7434-88.

57 T.C.M. 1251 (1989)

T.C. Memo. 1989-417

Kenneth C. Burkhart, Jr. and Priscilla Barclay v. Commissioner.

United States Tax Court.

Filed August 14, 1989.


Attorney(s) appearing for the Case

Durward James Gehring, 180 N. LaSalle St., Chicago, Ill., for the petitioners.

William I. Miller, for the respondent.


Memorandum Opinion

FEATHERSTON, Judge.

Respondent determined a deficiency in the amount of $703 in petitioners' income tax for 1984. Due to a concession by petitioners, the sole issue for decision is whether the basement of the building in which petitioners resided during 1984 was part of, or appurtenant to, their "dwelling unit" within the meaning of section 280A(f)(1).1

All of the facts have been stipulated.

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