- 22 - 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 toPage: 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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