Austin L. Mitchell and Rebecca A. Mitchell - Page 16




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          revenue during the years in issue and he had no credible plan for           
          operating it profitably in the future.                                      
          D.   Whether Petitioners Can Deduct Expenses for Their Residence            
               A taxpayer may deduct losses incurred in any transaction               
          entered into for profit.  Sec. 165(c)(2).  Similarly, a taxpayer            
          may deduct ordinary and necessary expenses for the production or            
          collection of income or for the management, conservation, or                
          maintenance of property held for the production of income.  Sec.            
          212.  However, a taxpayer may not deduct the loss on the sale of            
          his or her personal residence or the expenses incurred in leasing           
          the home (other than taxes and mortgage interest), sec. 165(a);             
          Newton v. Commissioner, 57 T.C. 245, 248 (1971); Harris v.                  
          Commissioner, T.C. Memo. 1982-410, affd. on other issues 745 F.2d           
          378 (6th Cir. 1984); sec. 1.165-9(a), Income Tax Regs., unless              
          the taxpayer converted the residence to an income-producing                 
          property, sec. 1.165-9(b), Income Tax Regs.                                 
               Petitioners contend that they converted their residence to             
          rental property when Mrs. Mitchell moved out of the home in 1995,           
          and that they may deduct rental expenses in 1996 and 1997 and a             
          loss on the sale of the property in 1997.  We disagree.  There is           
          no convincing evidence that petitioners converted 502 North                 
          Hickory to rental property.                                                 










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