Jack R. and Patricia J. Finnegan - Page 13

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          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.                         





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