Don and Margaret Taylor - Page 11

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          Springs House for resale and moved to Missouri for                          
          semiretirement.  Once in Missouri, there is no indication that              
          petitioners engaged in any activity designed to enhance the                 
          profitability of their alleged "investment".  Regarding the                 
          rental business of residential property, we have previously held            
          that "Generally, residential property is not purchased for                  
          investment purposes where the property is located in a distant              
          city if there are additional costs involved in its management."             
          O'Neill v. Commissioner, supra.  We think that given the                    
          circumstances, the same principle applies here.  We find that the           
          amount of time petitioners spent on the purchase and resale of              
          the Palm Springs House indicates that petitioners did not possess           
          the requisite profit motive.                                                
               As to petitioners' expertise, we find that although                    
          petitioner Mr. Taylor was a real estate agent, he did not use his           
          expertise in this endeavor.  First, petitioner Mr. Taylor used              
          his real estate agent's license in the contracting business and             
          not in the sales business.  Next, any familiarity that petitioner           
          Mr. Taylor may have had with the residential real estate market             
          was limited to low-price housing and raw land in the Thousand               
          Palms locality.  The Palm Springs residential real estate market            
          was different from the Thousand Palms residential real estate               
          market.                                                                     







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Last modified: May 25, 2011