Correspondingly, all business income taken from an LLC under similar circumstances is subject to self-employment taxes.

It indicates a willingness to sell if the right circumstances come along.  

If we get orders, our circumstances change and we have to heed the call. 

An investor can stay stateside and avoid most of these issues while capturing similar returns in carefully selected growth markets.My examoles: Brazil, currency crashed 40%, totally unforeseen w World Cup and Olympics coming its way.

We see cold feet all the time and under much more appealing circumstances.

And honestly it depends, pending anything unforeseen 7-9 months 

This is a very complex question which will need to be fully analyze based on all the facts and circumstances as this is one option may not be the best one from tax planning perspective.

The circumstances were such, that they were moving here from Chicago and wanted to secure the property with a deposit and rent.  

Most conservative folks say a year is time enough but there's always extenuating circumstances why more than a year would not work and why less than a year might.  

Ultimately, you may be time barred from bringing a lawsuit - however consultation with an attorney is needed as there may be some fact or circumstance that may bring the case within the SOL.