taxfun wrote:

- quote -

Are you referring to example 2 on page 7 of the 2003 version
of Pub 526? Yes, I agree with that.

MTW

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"taxfun" <greg[at]accountaxcpa.com> wrote:

- quote -

WHOLEHEARTEDLY.

--
David M. Woods, EA, ChFC, CLU
Woods Financial Services
Norwood, MA 02062
www.woods-financial.com

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Publication 526 (page 18) gives an example of a taxpayer who
donated the use of a home for the use of a charity for a few
weeks. The donation was NOT deductible as a "partial
interest" is not deductible. Do you agree?

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Seth Breidbart wrote:

- quote -

I had the same thought. The trouble is, the wording of 280A
seems to be unambiguous on this point. If you rent the unit
for less than FRV, it is counted as a day of "personal" use.
So, you would have to overcome not merely an IRS
interpretation in this regard, you would have to overcome
the statute itself. That's a tall order. (But, it's a chance
to go down in Tax Court history! <g> )

Still, this begs a lot of questions. One of my favorite
beachfront resorts is a condo-hotel (each room is individually
owned). They typically offer a "3 nights for the price of 2"
special during the off season. So, would that discount be deemed
to create "personal" use? Obviously, one would argue that the
discount simply adjusts the rent to represent FRV during the off
season, but still it begs the technical issue. And, of course, a
situation where SOME rent is charged can be distinguished from
the poster's case where NO rent is charged.

MTW

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- quote -

Then you can deduct the cost of donating the time as
advertising, IF you advertised it. Under NO circumstances
can you deduct the fair market value of what amounts to
forgone income as a charitable donation.

--
David M. Woods, EA, ChFC, CLU
Woods Financial Services
Norwood, MA 02062
www.woods-financial.com

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- quote -

Is it? What if you consider it donated for publicity
purposes, to help rent the place the other 50 or 51 weeks?

Seth

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- quote -

Unfortunately, no. And worse news: that week or 2 will be
considered personal use by you and must be taken into
consideration when pro-rating the rental expenses for the
year.

Jan Zobel EA

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gahomesale[at]aol.comnopost (Snurdwort) wrote:

- quote -

No. You can't deduct money (rental payment) you never
received or declared as income. Your deduction would be
limited to your specific expenses for the period of time the
condo is used, no more.

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I own a condominium in a resort condominium. This is not a
time share The Condo Managers handle the week to week
rentals and cleaning and bill me for the managemernt
services and routine expenses. I take care of any
replacement of supplies(towels etc) pay the utilities and
replace or repair furniture, appliances and such.

I do not use the property for personal use at any time.

My question is: If I donate one or two specific weeks to the
local PBS station for auction in their semiannual
contributions drive. Can I deduct the Fair Rental Value of
the property on my Schedule A?

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