James V. Abrams and Laurie Abrams - Page 10




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          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).                                   






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