James B. and Joan E. Murtaugh - Page 22

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          affd. 218 F.2d 603 (2d Cir. 1955).  The District Court pointed              
          out that the activities with respect to renting the house were              
          minimal, even though rental continued over a long period of time.           
          Moreover, activity to rent or re-rent the house was not needed,             
          and there were no employees regularly engaged for maintenance or            
          repair.  Id.                                                                
               In Balsamo, the issue was the proper characterization of the           
          property in question, a single-family residence, that the                   
          taxpayer's husband had purchased before they were married.  When            
          the taxpayer and her husband had married, she signed a prenuptial           
          agreement.  Her husband died 5 months after the wedding.  Shortly           
          after his death, the estate rented the property in question to a            
          third party.  Subsequently, the taxpayer sued to challenge the              
          prenuptial agreement, and in satisfaction of this suit, she                 
          received the property in question.  Within 3 months after                   
          receiving the property in question, the taxpayer sold it to the             
          third party who had been renting it.                                        
               The Tax Court relied on Grier v. United States, supra, to              
          hold that the taxpayer was not in a trade or business with                  
          respect to the property in question.  The taxpayer was a                    
          securities salesperson and secretary, and had little involvement            
          with real estate.  She owned the property in question for a very            
          short period of time.  Her activities with respect to the                   
          property as a rental property were almost nonexistent; even when            
          the tenant pointed out a few problems, she did not attempt to               




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