7 speculation and receives rentals therefrom is not a real estate dealer. Id. Whether property is held by a taxpayer for sale to customers in the ordinary course of the taxpayer's business or for another purpose is a question of fact, and each property must be considered on an individual basis. Cottle v. Commissioner, 89 T.C. 467, 486 (1987). In this analysis, courts have applied various factors including: (1) The taxpayer's purpose for acquiring the property and the duration of ownership; (2) the number, frequency, regularity, and substantiality of the sales; (3) the taxpayer's efforts, including advertising, to sell the property; (4) the extent of developing and improving of the property to increase sales; and (5) the taxpayer's time and effort devoted to sales. United States v. Winthrop, 417 F.2d 905, 910 (5th Cir. 1969); Cottle v. Commissioner, supra at 487. These factors serve to guide the decision but none is necessarily of controlling significance. Cottle v. Commissioner, supra at 488. Applying these factors, we find that petitioners acquired and held the Pillsbury and Lyndale properties as investments. The purpose for acquiring the Eden Prairie property is not clear from the record; however, petitioner testified that he held it for investment beginning in 1990. In contrast, petitioner testified that when acquiring the St. Paul property he intended to resell it immediately after purchase. However, the existencePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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