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held the subject club memberships. E.g., Byram v. United
States, 705 F.2d 1418, 1423 (5th Cir. 1983); United States
v. Winthrop, 417 F.2d 905, 910 (5th Cir. 1969); United
States v. Rosebrook, 318 F.2d 316, 319 (9th Cir. 1963);
Bauschard v. Commissioner, 31 T.C. 910, 915 (1959), affd.
279 F.2d 115, 117 (6th Cir. 1960).
In deciding whether property is held primarily for
sale to customers in the ordinary course of a taxpayer's
business, this and other courts look to various factors
such as:
(1)the nature and purpose of the acquisition
of the property and the duration of owner-
ship;(2)the extent and nature of the taxpayer's
efforts to sell the property;(3)the number,
extent, continuity and substantiality of the
sales;(4)the extent of subdividing, developing,
and advertising to increase sales;(5)the use of
a business office for the sale of the property;
(6)the character and degree of supervision or
control exercised by the taxpayer over any
representative selling the property; and(7)the
time and effort the taxpayer habitually devoted
to the sales.
United States v. Winthrop, supra at 910 (quoting Smith v.
Dunn, 244 F.2d 353 (5th Cir. 1955)); see also Biedenharn
Realty Co. v. United States, 526 F.2d 409, 415 n.22 (5th
Cir. 1976); Buono v. Commissioner, supra at 199.
As we view the facts of these cases, petitioner and
Mr. Dixon undertook the development of the Moonlight Bay
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