- 12 - sales or sales-related activity over a period of time; the volume and frequency of sales; the extent to which the taxpayer or his agents have engaged in sales activities by developing or improving the property, soliciting customers, and advertising; and the substantiality of sales when compared to other sources of [the] taxpayer's income." Polakis v. Commissioner, 91 T.C. 660, 670 (1988). No one of these factors, however, is determinative. Id. The factors set forth in Polakis weigh against Mr. Finnegan. As to the nature and purpose of the construction of the Acapulco house, a lack of business intent can be inferred from petitioners' ownership of the Acapulco house for more than 5 years after Mr. Finnegan completed construction. Mr. Finnegan's sales were not continuous, frequent, or voluminous (he sold only one home during the last 20 years which he constructed). Mr. Finnegan never hired a real estate agent or broker, and his efforts to sell the Acapulco house were limited to putting a "for sale" sign in front of the house and running a classified advertisement in a local newspaper. Petitioners have not offered any credible explanation why the Acapulco house remained unsold at the time of trial (5 years after Mr. Finnegan completed itsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011