Michael R. and Helen G. Joseph - Page 10

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               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.                            













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