James E. Zurcher - Page 8

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          property was not regular or continuous.  Petitioner claimed an              
          itemized deduction for the Property's real estate taxes on his              
          1990 Schedule A, rather than a business expense on Schedule C.              
               Petitioner's claim to an ordinary loss is rooted in his                
          assertion that he was Mr. Grant's active partner in the                     
          Property's development.  Petitioner asks the Court to find as a             
          fact that he and Mr. Grant entered into an oral partnership                 
          agreement in or around June 1989 to develop the Property for                
          profit, and that petitioner was actively involved in this                   
          partnership.  We decline to do so.  The fact of the matter is               
          that petitioner simply has not proven that he was more than a               
          financier of Mr. Grant's development of the Property.  The record           
          indicates that petitioner's actions were consistent with those of           
          an investor, rather than a person who was involved in a working             
          partnership.  Petitioner was involved with the Property only                
          because he had the money, and Mr. Grant did not.  But for his               
          investment of capital, through the form of a loan, we find that             
          petitioner had no meaningful participation in the Property's                
          development.  Although petitioner testified at trial, in a                  
          somewhat general and vague manner, that he spent time and money             
          preparing the Property for sale (e.g., by installing carpeting,             
          drapery, flooring, and doing landscaping), his testimony fails to           
          persuade us that the Property was not a capital asset in hands.             
          We hold for respondent on this issue.                                       






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