Highland Farms, Inc. and Subsidiary - Page 3

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          (1) Whether partially refundable entry fees paid by residents of            
          the apartment and lodge units are includable in income in the               
          year of receipt as advance payments or prepaid rent or are                  
          deposits to be reported ratably in accordance with the accrual of           
          nonrefundable or nonforfeitable portions; (2) whether the                   
          purchase prices paid by cluster home or condominium purchasers              
          are sales receipts3 or are loans or financing arrangements; and             
          (3) whether petitioner Highland Farms, Inc. is liable for the               
          addition to tax under section 6661.                                         
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the exhibits attached thereto are              
          incorporated herein by this reference.                                      
               Highland Farms, Inc. (petitioner), is a corporation duly               
          organized and existing under the laws of the State of North                 
          Carolina.  Petitioner's principal place of business was located             
          in Black Mountain, North Carolina, at the time it filed the                 
          petition in this case.  Petitioner is the parent corporation of             
          its wholly owned subsidiary, Highland Farms Associates, Inc.                


          (...continued)                                                              
          is, the unrecognized portions of the cluster home or condominium            
          receipts equivalent to the repurchase liabilities.  This                    
          concession is consistent with respondent's treating the cluster             
          home or condominium transactions as sales.  In the notice of                
          deficiency, respondent was, in effect, including both the gross             
          amount of the sales receipts and the gain from the sales.                   
          3 The resolution of this issue will determine whether                       
          petitioner Highland Farms, Inc. is allowed depreciation for the             
          cluster homes and condominiums.                                             





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