Alice Berger, et al. - Page 73

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               The evidence in the record with respect to the Woodbine                
          burial rights, developed or undeveloped, does not indicate any              
          use of them by Woodbine other than for sale to customers in the             
          ordinary course.  See Major Realty Corp. v. Commissioner, 749               
          F.2d 1483, 1488 (11th Cir. 1985) (assets sold in the ordinary               
          course of business), affg. in part and revg. and remanding on               
          other issues T.C. Memo. 1981-361.   The Woodbine books and                  
          records reflect these assets under an "inventory" classification.           
          So does the appraisal prepared by American Cemetery Consultants.            
          Therefore, the burial rights that had not yet been sold to                  
          customers were inventory or property held for sale to customers             
          in the ordinary course of trade or business and not eligible for            
          the installment method.                                                     
               In identifying dealer dispositions of both personalty and              
          realty, the Code refers to "any disposition".  Sec. 453(l)(1)(A)            
          and (B).  Therefore the sale, whether in bulk or individually, of           
          the burial rights that are normally sold to the public would be             
          a dealer disposition of property.  As a dealer disposition, the             
          sale of those component assets of Woodbine is not eligible for              
          the installment method.  The component assets clearly not                   
          entitled to installment treatment are those classified in the               
          American Cemetery Consultants' appraisal as grave spaces,                   


          20(...continued)                                                            
          heirs-at-law or devisees of the deceased owner); Weiss v. Cedar             
          Park Cemetery, 572 A.2d 662, 666-667 (N.J. Super. Ct. App. Div.             
          1990).  Therefore, the Woodbine burial rights appear to be more             
          in the nature of real property than personalty.                             


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