Anke Lunsmann-Nolting - Page 11

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          her absence, and petitioner’s caretaker did not rent the cottage            
          on petitioner’s behalf in 2002.                                             
               Petitioner testified that during the week that she was in              
          Lubec in 2002, she rented her cottage to a couple for 1 week for            
          $500.  The couple drove into town and discovered the cottage’s              
          availability from their inquiries in town.  Petitioner did not              
          sign a lease, claiming that it was not the practice in Lubec to             
          sign leases for rentals.  Petitioner did not maintain a record of           
          the rental or any business books and records relating to the                
          rental of the cottage.                                                      
               Petitioner admits that she has no expertise in real estate             
          and that she had neither hired nor sought advice from a real                
          estate professional prior to purchasing the cottage.  Petitioner            
          has never earned a profit in the rental real estate activity, and           
          her expenses far exceeded income in 2002 as well as in the years            
          prior to and subsequent to that year.  There is also little                 
          expectation that the cottage will appreciate in value because               
          Lubec is an isolated and economically depressed town.                       
               Elements of personal pleasure or recreation may signal the             
          absence of a profit objective.  Sec. 1.183-2(b)(9), Income Tax              
          Regs.  Petitioner described the cottage on lot No. 126 as                   
          “beautiful” and her “pride and joy”, and she clearly enjoyed and            
          obtained pleasure from being in Lubec and having the cottage                
          available for use by donors and colleagues.  This, together with            






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