- 8 - presented no evidence that would support a finding that there was a conversion to a business purpose. She has not demonstrated that she held the property for a business purpose. Sixth, petitioner did not receive any income from the sale of the house. The only positive income she received in 1989 came from her medical practice. Finally, there was no regularity and consistency in petitioner's activity regarding the property. When petitioner filed for divorce, she stopped paying any of the bills connected with the house. This action is inconsistent with her claim that the house was a business property that she intended to sell at a profit. She resumed paying the bills and eventually sold the property, but these actions were strictly in compliance with the court order. She made no sales efforts on her own to indicate that she considered selling the house as a business venture rather than a court-imposed obligation, obviously all in the nature of a salvage operation. Petitioner argues that the similarity of her case to Bassett v. Commissioner, T.C. Memo. 1976-14, entitles her to an ordinary loss deduction. In Bassett, the taxpayers purchased a lot on which to build a home. Because of marital difficulties, the couple decided to complete the house, but not as their personal residence. Before resuming construction, the husband consulted with the architect and builder. Although they modified the designs to cut costs as well as to give the house a wider commercial appeal, the taxpayers eventually sold the house at aPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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