KrisD
Intuit Alumni

Investors & landlords

I am sorry for your pain and hope things only get better for you and your family.  I have heard of cases won in tax court when the home was rented but also was on the market and available for sale. In my opinion, your argument would not hold up in tax court. If you have been in your primary residence near the hospital for at least 2 years, you could sell that home and take the exclusion from gain on that sale.