Sharon M. Rivera and Richard C. Rivera - Page 9

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          (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 respondent              








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