Harry Olstein - Page 2




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          Whitehouse's tax matters partner, petitioned the Court to                   
          redetermine respondent's adjustments to partnership items.                  
          Whitehouse's principal place of business was Morristown, New                
          Jersey, at the time the petition was filed.                                 
               After concessions, the remaining issue for decision is                 
          whether proceeds relating to the sale of 28 developed lots are              
          ordinary income or capital gain.                                            
                                  FINDINGS OF FACT                                    
               Petitioner has been a real estate developer for over 30                
          years and has operated his business through several entities,               
          including OLS Corp. (OLS), Hamptons Joint Venture (HJV), and                
          Whitehouse.  In 1983, OLS, as a nominee for HJV, acquired 97                
          acres (Marlboro tract) in Marlboro Township, New Jersey.  HJV               
          subdivided the Marlboro tract into 133 lots.  In 1986, HJV                  
          constructed single-family homes on 77 of these lots and sold them           
          to individual home buyers.                                                  
               Beginning in 1986, homeowners, dissatisfied with the                   
          workmanship of the homes, filed lawsuits against HJV and                    
          petitioner, and litigation ensued between HJV and Marlboro                  
          Township (i.e., relating to subdivision approval granted to HJV).           
          As a result, HJV's and petitioner's reputations as home builders            
          were tarnished, HJV could not get the requisite municipal                   
          approval for further development, and HJV closed its model homes            







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