John Weller Wood, Jr., and Magdalena Frances Wood - Page 32

                                       - 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 and             








Page:  Previous  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  Next

Last modified: May 25, 2011