- 21 - B'Mae's was a good choice to manage the property. B'Mae's, unlike an independent manager, could spread the costs of advertisement among other suite owners and B'Mae's itself. Moreover, B'Mae's, unlike an independent manager, might receive unsolicited telephone calls about the availability of suites in the B'Mae's Resort. Finally, B'Mae's, unlike an independent manager, had access to and familiarity with the property for purposes of repairs and maintenance of the timeshares. We do not believe that the conflict of interest suggested by respondent affects our finding that B'Mae's was petitioner's agent. On the other hand, the cases on which respondent relies, Grier and Balsamo v. Commissioner, T.C. Memo. 1987-477, are distinguishable from this case. In Grier, the taxpayer, a securities adviser and salesman, inherited a house that had previously been rented to a single tenant for a period of years, and the taxpayer continued this arrangement until he sold the house approximately 12 years later. During the taxpayer's ownership, he or his agent performed the necessary maintenance on the house. The District Court held that the house was not property used in a trade or business. In distinguishing Gilford, the District Court stated that the most important issue was "the extent of the regular and continuous activity of management involved" in the "multiple rental" in that case, which was not present in Grier itself, which involved a one-family house. Grier v. United States, 120 F.Supp. 395, 398 (D. Conn. 1954),Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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