- 13 - of real estate through a third-party real estate agent. In addition, petitioners surely realized that they would incur mortgage interest expense prior to the resale of the Palm Springs House. Any possible profit would have been eroded, if not eliminated, by such expense. Under these circumstances, we find that petitioners did not obtain the Palm Springs House with the expectation that they could benefit from a possible appreciation in its value. Our examination of the relevant profit motive factors delineated under section 1.183-2(b), Income Tax Regs., leads us to conclude that although petitioners "hoped" for some profit, they did not have the requisite profit motive to claim a loss under section 165(c)(2). Rather, we agree with respondent that petitioners' primary motive in purchasing the Palm Springs House was to get one step closer to moving to Missouri. We are persuaded by respondent's argument that petitioners were eager to move to Missouri for semiretirement, that they anticipated some difficulty in selling the Thousand Palms Property, and that the sale/exchange with the Norrises for a single-family home enabled them to: (1) Move to Missouri, and be left with the less onerous task of selling a single-family home in a more populated area; and (2) obtain the additional cash required for their purchase of the Missouri Property.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011