- 8 - (9) whether elements of personal pleasure or recreation are involved. No single factor is controlling, and the Court does not reach its decision by merely counting the factors that support each party's position. See Dunn v. Commissioner, 70 T.C. 715, 720 (1978), affd. 615 F.2d 578 (2d Cir. 1980); sec. 1.183-2(b), Income Tax Regs. Rather, the relevant facts and circumstances of the case are determinative. See Golanty v. Commissioner, supra at 426. After considering all the factors, the Court disagrees, in part, with respondent's position that petitioners did not have an actual and honest objective of making a profit from their Truckee real estate. Petitioner, Sharon Rivera, testified that the property was rented at a small profit during the first few years of ownership. After a series of destructive tenants, however, petitioners became reluctant to rent the property to the general public. For the years before the Court, petitioners did not maintain businesslike books and records of rental activity, and there was not much time spent in carrying on the activity. Furthermore, it appears from the record that the property was rented for less than its fair rental value for the days it was rented, only to family and friends, in 1999. The Court agrees with respondentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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