- 11 - activity involving the Elm Farm, the Court relied primarily upon the negotiations between the taxpayer and Mr. Pflug and secondarily on the fact that the taxpayer had no financial resources (because the taxpayer's net worth was tied up in nonliquid assets) which would allow him to cover the carrying charges on the Elm Farm. Id. at 1212. Unlike the taxpayer in Morley, Mr. Finnegan was not a real estate broker, and he never listed the Acapulco house with a broker or agent. There were no negotiations with prospective purchasers for the sale of the Acapulco house near or after its completion, and Mr. Finnegan had significant financial resources.6 Petitioners also still owned the Acapulco house 5 years after construction was completed. Mr. Finnegan did not meet his burden of proving that the real estate activity was a trade or business, and the objective facts do not support petitioners. Furthermore, when evaluating whether a taxpayer's activities with respect to real estate amount to a trade or business, we consider "the nature and purpose of the acquisition of the property and the duration of the ownership; the continuity of 6 We note that petitioners listed their taxable income as being $183,056.50 on the original return and $113,539.71 on the amended return. These totals were derived from their income from the construction consulting business, rental income, taxable interest income, tax-exempt interest income, dividend income, a director's fee, and income from a capital gain distribution.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011