Alice Berger, et al. - Page 75

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          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); Grace                 



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