Barry E. Moore and Deborah E. Moore - Page 25




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                    The taxpayer must * * * be seeking to realize a                   
               profit representing postconversion appreciation in the                 
               market value of the property.  Clearly, where the                      
               profit represents only the appreciation which took                     
               place during the period of occupancy as a personal                     
               residence, it cannot be said that the property was                     
               “held for the production of income.”  * * *  [Id. at                   
               1302.]                                                                 
          We added:  “The placing of the property on the market for                   
          immediate sale, at or shortly after * * * its abandonment as a              
          residence, will ordinarily be strong evidence that a taxpayer is            
          not holding the property for postconversion appreciation in                 
          value.”  Id.10                                                              
               This Court has frequently applied the reasoning of one or              
          both of Jasionowski and Newcombe in rejecting taxpayer arguments            
          that because a second or vacation home was held for appreciation            
          (i.e., investment) the taxpayer was entitled to a deduction,                
          under section 212(2), for expenses incurred to maintain or                  
          improve the property.  See, e.g., Ray v. Commissioner, T.C. Memo.           
          1989-628; Houle v. Commissioner, T.C. Memo. 1985-389; Gettler v.            
          Commissioner, T.C. Memo. 1975-87.  In both Ray and Houle we                 
          denied the deductions on the ground that the taxpayers treated              


               10  In a concurring opinion, Judge Forrester observed:                 
                    The time when the conversion occurred is obviously                
               the key, and any appreciation prior thereto would not                  
               have grown while the property was being “held for                      
               investment” * * * but while the property was being held                
               as taxpayers’ personal residence.  [Newcombe v.                        
               Commissioner, 54 T.C. 1298, 1304 (1970) (Forrester, J.,                
               concurring).]                                                          






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