- 7 - petitioners were engaged in the trade or business of buying, developing, and selling real estate during 1996, or that the Cumberland house was held in the ordinary course of such a trade or business. Finally, the argument may be suggested that the deductions should be allowable under section 212(1). That section allows a deduction for, inter alia, ordinary and necessary expenses paid “for the production or collection of income”. When one analyzes the situation here, however, it becomes apparent that these expenses were costs associated with the sale of the Cumberland house and not for the production or collection of income. We are concerned here with the origin and character of the expenses for which the deductions were claimed. See United States v. Gilmore, 372 U.S. 39 (1963). As we have already noted, any rental activity had been abandoned, and petitioners were not in a trade or business of developing the property for sale. Petitioners held the property for sale. If petitioners had not moved into the Cumberland house and it had remained on the market until sold, those expenses, if deductible at all,3 would have been considered as expenses of the sale. See Cramer v. Commissioner, 55 T.C. 1125, 1132 (1971); see also Hadley Falls Trust Co. v. 3 For example, of the depreciation claimed, $850.50 was for office equipment. The balance ($2,789) is not explained. We are unsure how the depreciation was an ordinary and necessary expense of the sale of the property.Page: Previous 1 2 3 4 5 6 7 8 9 Next
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