Barry E. Moore and Deborah E. Moore - Page 27




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          Moore spent considerable time fixing up and maintaining both                
          properties and petitioners made substantial improvements at the             
          Clark Hill property, those actions are consistent with enjoying             
          the properties as vacation homes.  Petitioners did not hold the             
          Clark Hill property out for rent or sale, yet they added a deck             
          and screened-in porch, installed a satellite television receiver,           
          and purchased a television, a VHS recorder, and a new washer and            
          dryer for their use at the property.  They replaced furniture and           
          kept a boat on the lake, which they used for boating and fishing.           
          Petitioners added similar electronic equipment to the Lake Lanier           
          house.  That house was of some substance, containing five                   
          bedrooms and having, among other amenities, five screened-in                
          porches overlooking the lake, a double slip dock, a great room              
          with a stone fireplace, and a full party deck.  Surely, that                
          house represented a substantial portion of the purchase price of            
          the Lake Lanier property, yet petitioners made no effort to                 
          recover any portion of that investment by renting the house out;            
          indeed, they did not even offer it for rent.  Petitioners would             
          have us believe that they used the house only as a caretaker’s              
          cottage while awaiting the expected appreciation in the value of            
          the property as a whole.  While awaiting that event, however,               
          they purchased a 6- to 8-passenger motorboat to pass the time on            
          the lake.  Also inconsistent with their claim that they held the            
          two properties for investment is their failure to claim any tax             







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