Jack R. and Patricia J. Finnegan - Page 11

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          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.                





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