- 13 - construction).7 Finally, petitioners had no income from the real estate activity and substantial income from other sources. After reviewing all the facts and circumstances, we hold that the real estate activity was not a trade or business. Even though Mr. Finnegan devoted time and effort to the real estate activity, it was not regular and continuous. By so holding, we need not decide whether the real estate activity was engaged in for profit. Petitioners, therefore, were not entitled to deduct any of the additional expenses under section 162. We note that in so holding we need not decide whether these amounts need to be capitalized. In reaching all of our holdings herein, we have considered all arguments by the parties and to the extent not mentioned above, we find them to be irrelevant or without merit. To reflect the foregoing, Decision will be entered for respondent. 7 Mr. Finnegan claims that the real estate market hit hard times after he completed construction of the Acapulco house. There is no evidence, however, that the market remained poor for the entire 5 years after he completed construction.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13
Last modified: May 25, 2011