Jack R. and Patricia J. Finnegan - Page 12

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          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 its              










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