- 9 - satisfied by the record that petitioners effectively converted the Stewart property into rental property when it was leased in July 1995, even though the lessee ultimately purchased it in December 1996. See Higgins v. Commissioner, supra (residence effectively converted to rental property when it was leased to a third party with the option to purchase); Rechnitzer v. Commissioner, T.C. Memo. 1967-55 (residence was effectively converted to rental property under bona fide lease where the lessee subsequently purchased the property). The next inquiry is whether petitioners sustained a loss on the sale of the Stewart property. Petitioners contend that the FMV at the time of conversion was $480,000, whereas respondent contends that the FMV was $435,000. Because both of these figures are lower than petitioners’ adjusted basis of $548,951,4 the determinative issue is what was the FMV of the Stewart property as of July 1995. Petitioners argue that the final sales price of $435,000 in December 1996 is not an accurate reflection of the FMV of the Stewart property in July 1995 because the sales price was the result of a distressed sale where petitioners were compelled to sell quickly at a price far below its true FMV of $480,000. Given the record before us, we disagree. 4 Calculated as: Cost basis plus improvements less depreciation ($484,950 + 70,000 - 5,999).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011