- 75 - Liberty Natl. Bank & Trust Co. v. Commissioner, supra; Fourth Natl. Bank v. United States, supra. We now turn to whether the Woodbine undeveloped land was entitled to installment treatment. The record contains no evidence whether the entire Woodbine tract was zoned exclusively for cemetery purposes, or whether the undeveloped land was already exclusively dedicated for cemetery development and sale to customers in the form of grave plots, mausoleum crypts, or cremation niches. However, the American Cemetery Consultants appraisal report reflects the assumption that the undeveloped acreage would be so used, and the appraised value of the undeveloped land was based on that assumption. In the absence of any proof to the contrary by Alice Berger, we conclude that the undeveloped land of Woodbine was most likely held for later development into grave sites and similar property and was therefore held for sale to customers, thereby requiring it to be treated as dealer property. Cf. Tollis v. Commissioner, T.C. Memo. 1993-63. In so doing, we reject Alice Berger's argument that she was never in the cemetery business; we have already held that she was. We also reject any argument by her that the events of 1989 were occasioned by her decision to retire from the cemetery business, so as to change the character of the Woodbine dealer assets to capital assets in her hands. We rejected a similar argument in Tollis v. Commissioner, supra, and we do so here. See Lawrie v. Commissioner, 36 T.C. 1117 (1961); Estate of Ferber v. Commissioner, 22 T.C. 261 (1954); GracePage: Previous 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 Next
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