- 32 - business. Petitioner and Mrs. Wood retained ownership of the Florida house. They resided in the house. They never paid any rent to any partnership for their use of the house. And they claimed the Florida house as their residence in their bankruptcy case. Considering all the facts and circumstances, we find that the Florida house was not property related to, or used in, any trade or business. Finally, we note that generally even though people who buy property for their own residential purposes are interested in making a potentially profitable purchase, the purchase or construction of a personal residence is not considered a transaction entered into for profit. The primary motive of acquiring a family residence brings the purchase within the ambit of section 262, which provides that “no deduction shall be allowed for personal, living, or family expenses.” The regulations under section 165 provide: “A loss sustained on the sale of residential property purchased or constructed by the taxpayer for use as his personal residence and so used by him up to the time of the sale is not deductible under section 165(a).” Sec. 1.165-9(a), Income Tax Regs. The regulations also provide that in order to be allowed a loss on the sale of property which at an earlier time was used as a personal residence, a taxpayer must show that his purpose for owning the residence changed andPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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