Fact Pattern:
Rex and Agnes Harrell purchased a beach house in Duck, North Carolina in early 2014.
Although they intended to use the beach house occasionally for recreational purposes, they also planned to rent it through the realty agency that had handled the purchase in order to help pay the mortgage payments, property taxes, and maintenance costs. Rex is a surgeon and Agnes is a counselor.
The beach house was in need of substantial repairs. Rather than hiring a contractor, Rex and Agnes decided they would make the repairs themselves. During both high school and college, Rex had worked summers in construction.
In addition, he had taken an advanced course in woodworking and related subjects from a local community college several years ago.
According to a log maintained by the Harrell's during 2014, they occupied the beach house on 38 days and rented it on 49 days. The log also indicated that on 24 of the 38 days that they occupied the beach house, one or both of them were engaged in work on the beach house.
Their two teenage children were with them on all of these days, but did not help with the work being done. On their 2014 income tax return, Rex and Agnes, who filed a joint return, treated the beach house as a rental property and deducted a pro rata share of the property taxes, mortgage interest, utilities, maintenance and repairs, and depreciation in determining their net loss from their beach home.
On audit in 2015, the IRS agent limited the deductions to the rent income. He contends that the 14-day personal use provision was exceeded.
Question 1:
What primary authority are you relying on in your conclusion? Be sure to identify the authority as legislative, judicial, or administrative.
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Question 2:
Have Rex and Agnes exceeded 14 days of personal use? Why?