for the short sale pros

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Do you think that a person could lease a property for 6 months or more, (prior to doing so you get the seller to agree to try a short sale approach with the lender) then explain to the seller that if a short sale is approved that there would be no taxable situation because the property would now be a "rental" and that he could take a capital loss on his income tax. Would this be a correct statement to make .... assuming that the seller is not a dealer and is allowed to take a capital loss with IRS

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