- 73 - 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.Page: Previous 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 Next
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