- 10 - In effect, petitioners are arguing that between the time they purchased the property and the time they purportedly transferred the property to the Trust, their intent for holding the property changed. The evidence does not establish any such change in petitioners’ intent. The property was never rented nor otherwise changed by petitioners to income-producing property. See, e.g., Newbre v. Commissioner, T.C. Memo. 1971-165. The stated purpose for the purported 1995 sale of the property by petitioners to the Trust was to prevent petitioners’ former contractor from obtaining the property on which petitioners still intended to build their personal residence. Petitioners’ intent to build their personal residence on the property did not change at any time between petitioners’ 1992 purchase of the property and petitioners’ purported 1995 sale to the Trust, or thereafter. Petitioners are not entitled to the capital loss carryover deductions claimed for 1998 and 1999. To reflect the foregoing, Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10
Last modified: May 25, 2011