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             formed a corporation to develop and improve the property                 
             and assigned his interest in the lease to the corporation.               
             Id. at 914.  The taxpayer reported his share of the gains                
             realized by the trust upon disposition of the lots as                    
             capital gains.  Id. at 915.                                              
                  The Court held that the taxpayer and the developer                  
             had entered into a joint venture for the purpose of                      
             subdividing, developing, and selling the land.  Id. at 916.              
             Since the activities of the developer and his corporation                
             constituted a trade or business, the Court found that the                
             taxpayer, as a member of the joint undertaking, was                      
             similarly engaged and, thus, held the property for sale to               
             customers in the ordinary course of business.  Id. at 917.               
             Accordingly, the Court held that the income realized from                
             the venture must be taxed at ordinary rates.  Id.                        
                  In these cases, petitioner and Mr. Dixon undertook the              
             improvement of the Moonlight Beach property and the sale                 
             of those improvements to the public in the form of time-                 
             share memberships in the club.  In order to obtain                       
             permanent financing for the project, they agreed between                 
             themselves to purchase any unsold club memberships and                   
             continued to market them to the public.  In effect, each                 
             of them agreed to continue the activities of the joint                   
             venture in his individual capacity.  Respondent concedes                 
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