70 Acre Recognition Equipment Partnership, Booth Creek Investment, Inc., Tax Matters Partner - Page 2

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          section references are to the Internal Revenue Code for the year            
          in issue, and all Rule references are to the Tax Court Rules of             
          Practice and Procedure.  After concessions, the sole issue for              
          decision is whether Booth Creek Investment, Inc., and State                 
          Savings and Loan Association of Lubbock formed a valid                      
          partnership for tax purposes.  We conclude that they did.                   
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.  At           
          the time the petition was filed, the principal place of business            
          of 70 Acre Recognition Equipment Partnership was in Dallas,                 
          Texas.                                                                      
               Booth Creek Investment, Inc. (BCI), was a corporation formed           
          under Texas law.  Its primary activity was the purchase of real             
          estate for immediate resale.  BCI participated in the booming               
          Texas real estate market of the early 1980's, and it executed               
          transactions quickly and frequently.  BCI engaged in numerous               
          joint purchases of real estate, and written partnership                     
          agreements were not always executed.                                        
               In 1982, BCI became interested in purchasing approximately             
          70 acres of real estate (the 70-Acre Tract) from Recognition                
          Equipment Inc. (REI).  On December 23, 1982, BCI and REI entered            
          into an agreement entitled "CONTRACT OF SALE" whereby BCI agreed            
          to purchase, and REI agreed to sell, the 70-Acre Tract.                     
          Consistent with its past investment strategy, BCI intended to               
          quickly develop and sell the property for substantial profit.               




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