Don and Margaret Taylor - Page 15

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          find that the desire to make a profit was not completely lacking,           
          it was only incidental in nature.  Cotner v. Commissioner, T.C.             
          Memo. 1996-428.                                                             
               Petitioners cannot avoid the effect of the statute and the             
          regulations disallowing petitioners to claim a loss relating to             
          the sale of a residence by dividing the transaction into a series           
          of transactions.  Under these circumstances we shall consider the           
          transaction as a whole and shall not allow petitioners to claim a           
          loss under section 165(c)(2).  Cf. United States v. Kyle, 242               
          F.2d 825 (4th Cir. 1957); Quinn v. Commissioner, T.C. Memo. 1983-           
          485; Butrick v. Commissioner, T.C. Memo. 1972-59.                           
               Consequently, we hold that petitioners' primary motive in              
          purchasing the Palm Springs House was not profit and that                   
          petitioners are therefore not entitled to capital loss carryovers           
          for the years in issue.                                                     
              To reflect our disposition of the disputed issue, as well as           
          petitioners' concessions,                                                   


                                                  Decision will be entered            
                                             for respondent.                          












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