- 15 - ordinary and necessary expenses paid or incurred in the management, conservation, or maintenance of a building devoted to rental purposes are deductible notwithstanding that there is actually no income therefrom in the taxable year, and regardless of the manner in which or the purpose for which the property in question was acquired. * * * Furthermore, expenses paid or incurred in connection with investment property may be deductible under this regulation, "even though the property is not currently productive and there is no likelihood that the property will be sold at a profit or will otherwise be productive of income and even though the property is held merely to minimize a loss with respect thereto." Sec. 1.212-1(b), Income Tax Regs. Whether property is held for the production of income is a question of fact to be determined from all the facts and circumstances. Johnson v. Commissioner, 59 T.C. 791 (1973), affd. 495 F.2d 1079 (6th Cir. 1974). On this record, the Court is satisfied that petitioners held the Florida condominium during 1991 "for the production of income", within the meaning of section 212(1), and that some of the expenses incurred with respect thereto during 1991 were for "the management, conservation, or maintenance" of the Florida condominium, as provided in section 212(2). Petitioner and Mrs. Thomason purchased the Florida condominium for the purpose of making a profit on resale. They intended to lease the Florida condominium to derive income during the period in which they were unable to sell the property, and they incurred expenses toPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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