Philip A. Saunders - Page 9




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          lived in the Pepper Pike residence for many years, raised their             
          family in it, and moved from it, only because of employment                 
          considerations.  At the time they moved from it, their intention            
          was to sell the property as they were relocating out of the area.           
          Their initial attempts to sell the property were frustrated,                
          according to petitioner’s testimony, by circumstances beyond                
          petitioner’s control; i.e., real estate market conditions at the            
          time.  They received no offers to purchase the Pepper Pike                  
          residence while it was on the market for several months during              
          1991.  Their decision to rent the property was not made with the            
          primary intention to profit from the rental, see Jasionowski v.             
          Commissioner, 66 T.C. 312, 319 (1976), but to alleviate the                 
          financial burden of owning the Pepper Pike residence while at the           
          same time living and working elsewhere.  Apparently, petitioner             
          and his spouse sold the property at the first opportunity to do             
          so.                                                                         
               To allow the Schedule E deductions as claimed in this case,            
          we would have to ignore most of the relevant “facts and                     
          circumstances” and fashion a rule that allows for the conversion            
          of personal use property to “property held for the production of            
          income” merely because the property was rented for a temporary              
          period.  We have declined to do so in past cases and likewise               
          decline to do so in this case.  See, e.g., Murphy v.                        
          Commissioner, T.C. Memo. 1993-292 (holding that the temporary               






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