- 20 - section 1231(b)(1)(B), which contains nearly identical language. See Cottle v. Commissioner, 89 T.C. 467, 485-486 (1987). In deciding whether a particular piece of real property is held for sale to customers in the ordinary course of a taxpayer's trade or business, courts have considered the following factors: (1) the nature and purpose of the acquisition of the property and the duration of the ownership; (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, 417 F.2d 905, 910 (5th Cir. 1969).] See also Major Realty Corp. and Subsidiaries v. Commissioner, 749 F.2d 1483, 1488 (11th Cir. 1985), affg. and revg. on another issue a Memorandum Opinion of this Court; Daugherty v. Commissioner, 78 T.C. at 629. * * * Cottle v. Commissioner, supra at 487 (fn. ref. omitted); see Thrift v. Commissioner, 15 T.C. 366, 369 (1950). With respect to each of the years in issue, if the interest on petitioner's purchase money obligations is treated as "rents" and, thus, is included in "adjusted income from rents", as defined by section 543(b)(3), thenPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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