- 7 - Newcombe v. Commissioner, 54 T.C. 1298, 1300-1301 (1970), the Court set forth a number of factors to be considered to determine whether a personal residence had been converted to property held for the production of income. In the case at bar, the relevant factors are: (1) Petitioners actually occupied the Belair property as their personal residence; (2) the Belair property was not occupied from the time petitioners moved out of it until its subsequent sale and therefore was potentially available to petitioners for their personal use throughout this period; and (3) the Belair property was unavailable for rent, due to the renovation, and by the time petitioners could have rented the Belair property they had decided “to get rid of” the Belair property.7 Id.; Henry v. Commissioner, supra. Merely offering the property for sale does not necessarily convert it into property held for the production of income. Newcombe v. Commissioner, supra at 1301. Placing property on the market for immediate sale, at or shortly after the time it is abandoned as a residence, will ordinarily be strong evidence that a taxpayer is not holding the property for postconversion appreciation in value. Id. at 1302. Under such circumstances, only a very exceptional situation will permit a finding that the 7 Furthermore, even if petitioners had attempted to rent the Belair property, as they claimed, unsuccessful efforts to rent property have been held to be insufficient to accomplish a conversion. Gevirtz v. Commissioner, 123 F.2d 707 (2d Cir. 1941); Grammer v. Commissioner, 12 T.C. 34, 37 (1949).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011