- 22 - selling commercial real estate property" and "an integral part of Petitioner's business was to finance the sale of the commercial real estate property which it sold to its customers." According to petitioner, it is "a bona fide operating company" that is "outside of the intent of the penalizing effect of the personal holding company tax." Petitioner argues that its principal officer, Mr. McKelvey, developed customers by first renting a property to the prospective buyer. Petitioner also argues that "the depressed commercial real [estate] market in Lawton, Oklahoma during the late 1980's and early 1990's" substantially slowed petitioner's business activity by requiring petitioner to hold properties until market conditions improved in the mid 1990's. After making a property-by-property analysis, petitioner argues that it is "a real estate operating company acquiring commercial properties, improving those properties and selling those properties to buyers which it has located and nurtured as customers." Finally, petitioner argues that it has consistently engaged in the business of "acquiring, improving, leasing and selling property to its established customers." Petitioner argues that if it had held all of the property as rental property, "then clearly its rental income would have exceeded 50% of its adjusted ordinaryPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011