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comparable properties for rent, and determined that the fair
market rental amount was between $700 and $750 per month.
To prepare the property for habitation, petitioner first
cleared the house of the decedent's personal property and then
began making repairs. Although petitioner was not an experienced
home repair person, she wanted to do as much of the repair work
herself as possible to minimize its expense. Accordingly,
petitioner called various contractors to come to the property to
explain what needed to be done and to submit a bid for the work.
After receiving the advice, petitioner thanked the contractors
for their time, purchased the required materials, and did the
work herself. For instance, petitioner scraped the mildew from
the interior walls, recaulked the windows and sealed the ground
under the house to prevent moisture from entering and reviving
the fungus, and sanded and refinished the hardwood floors.
Because petitioner worked on the property only during
weekends, the repairs took several months. During this time,
petitioner's awareness of the character of the neighborhood and
the risks of renting to someone who might prove to be an
irresponsible tenant increased. In December 1991, petitioner
began negotiating with her brother, Ronny Murray (Murray), to
rent the house to him in exchange for $500 per month plus
utilities, and his agreement to help petitioner finish the repair
work and maintain the property.
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Last modified: May 25, 2011