- 6 - improvements made to the property; (5) the proximity of sale to purchase; and (6) the purpose for which the property was held during the taxable years. * * * Howell v. Commissioner, 57 T.C. 546, 554 (1972). Additional factors include the amounts of income received from the taxpayer's regular business as contrasted with the amounts received from the property as well as the regularity and consistency of the taxpayer's activity regarding the property. Adam v. Commissioner, 60 T.C. 996, 999 (1973). These factors are considered together, Buono v. Commissioner, 74 T.C. 187, 199 (1980), but no single one is dispositive. Oace v. Commissioner, 39 T.C. 743, 747 (1963); Vidican v. Commissioner, T.C. Memo. 1969-207. Whether the taxpayer holds the property as a capital asset or an ordinary one is a question of fact. Daugherty v. Commissioner, 78 T.C. 623, 628 (1982); Sottong v. Commissioner, T.C. Memo. 1966-268. Petitioner asserts that she sold the house to customers in the ordinary course of business. A taxpayer may have more than one trade or business. Cottle v. Commissioner, 89 T.C. 467, 489 (1987). However, petitioner has the burden of establishing that she was engaged in a business. Rule 142(a). Petitioner has not met this burden. First, petitioner originally acquired the property for personal reasons, to build a home with her husband. Second, her sale of the property was a one time event. Petitioner did not present any evidence that she even considered buying otherPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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