- 7 - properties. Third, petitioner took a relatively passive role in disposing of the property. She presented no evidence that she made any independent efforts to sell the property. She merely listed the property with realtors upon its completion, as she would have been required to do by court order prior to purchasing her divorced husband's interest in the property. Fourth, petitioner did not make any improvements to the property. In the uniform residential appraisal report filed with the divorce decree, the appraiser says of the property, "With shutters and landscaping, it should have adequate if less than typical appeal. The interior is unusual and creates some obsolescence." The appraiser also states that "there are significant adjustments for design/appeal, and functional utility. In my opinion subject will be penalized." Despite these opinions and predictions, petitioner did not have any architectural modifications made in the course of completion of the house to increase the salability of the property. Fifth, there is no evidence that petitioner held the property for a business purpose. The burden rests on petitioner to show that the purpose for which she held the property changed to a business one. Heiner v. Tindle, 276 U.S. 582 (1928); Paffrath v. Commissioner, T.C. Memo. 1961-71. Other than a bald assertion by petitioner that the court order transformed petitioner's purpose into a business one, petitioner hasPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011