Harry E. Thomason and Estate of Hattie D. Thomason, Deceased, Mary T. Crist, Personal Representative - Page 15

                                       - 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 to                  





Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: May 25, 2011