- 30 - principle that a person holding lands under such circumstances may subdivide it for advantageous sale. [Id. at 520.] Property sold as undeveloped land with development to be done by the seller under contract for the purchasers does not automatically cause the land to be held for sale to customers in the ordinary course of the taxpayer’s trade or business. Reithmeyer v. Commissioner, supra at 813. In the setting of this case, we find that selling the unit 10 property with the offsite improvements required by Shen did not convert it into a sale in the ordinary course of a trade or business. Respondent contends that Ridgemark’s property was zoned for the highest use (residential), and that fact is dispositive of Ridgemark’s intent. We believe the zoning classification was necessary to maximize possible loans by third parties. Although residential zoning is a necessary element for subdivision, it does not, per se, convert property to inventory status. The record does not demonstrate that Ridgemark utilized an agent or broker. Although the August 12, 1988, minutes mention brokers’ commissions, it appears that Ridgemark did not want an agent to negotiate for it, but that it was willing to pay a commission or a finder’s fee if a successful sale was finalized. Finally, we find it troublesome that Ridgemark maintained a sales office and that there was a list of 97 people interested in purchasing lots in the unit 10 property. That is one factor that is indicative of an intention to sell the unit 10 property in thePage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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