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Updated almost 6 years ago,

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Michael Plaks
Pro Member
#1 Tax, SDIRAs & Cost Segregation Contributor
  • Tax Accountant / Enrolled Agent
  • Houston, TX
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Tax Court reminds us what renting "for profit" means

Michael Plaks
Pro Member
#1 Tax, SDIRAs & Cost Segregation Contributor
  • Tax Accountant / Enrolled Agent
  • Houston, TX
Posted

In a recent Langston decision (T.C. Memo 2019-19), the court sided with the IRS in deciding that the taxpayer did NOT actually convert their house from personal residence to a rental property. No losses allowed as a result.

The "creative" couple rented their fancy house, a former residence, to their friend for 5 days a month, $500/month while finishing a $1 mil rehab. Never marketed it as a rental, either. Predictably, it did not hold water.

Lesson, quoting one commentator: "Rent to a real tenant for a real time period and a real amount of money." I agree.

A more thorough analysis can be found here

  • Michael Plaks