- 9 - 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 temporaryPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011