Barry E. Moore and Deborah E. Moore - Page 29




                                       - 29 -                                         
          condominium and a house, nor used them for personal purposes;               
          and, although the taxpayers’ children and friends stayed in both            
          properties, they paid fair market rent to the taxpayers.                    
               In Hambleton v. Commissioner, T.C. Memo. 1982-234, we denied           
          deductions for expenses relating to farming activities on a 110-            
          acre tract of farmland because we found that the taxpayers lacked           
          the requisite profit motive under section 183.  We found,                   
          however:  “Although * * * [the taxpayers] used approximately one            
          acre surrounding the house for personal use, * * * [the                     
          taxpayers’] principal motivation in purchasing the 110 acre farm            
          was to realize a profit through appreciation in the value of the            
          land.”  We denied the deductions only because the taxpayers were            
          unable to explain how any of the expenses were “ordinary and                
          necessary to the holding of the property as an investment.”  The            
          taxpayers’ circumstances in Hambleton are readily distinguishable           
          from petitioners’ circumstances wherein the properties in                   
          question are not obviously divisible into residential and                   
          nonresidential portions and, as far as we can tell, were used               
          entirely and exclusively as weekend vacation retreats.                      
               Lastly, neither Holmes v. Commissioner, 184 F.3d 536 (6th              
          Cir. 1999), revg., vacating, and remanding T.C. Memo. 1997-401,             
          nor Frazier v. Commissioner, T.C. Memo. 1985-61, addresses the              
          issue of whether a personal residence that the taxpayers use                
          exclusively for recreational purposes can constitute property               







Page:  Previous  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  Next 

Last modified: November 10, 2007