- 23 - gross income and not been treated as personal holding company subject to personal holding company tax." According to petitioner, respondent is seeking to impose personal holding company tax on petitioner because "petitioner changed the nature of this income from rental income to interest income by selling the property to its rental customers and other customers". Petitioner contends that this case "is exactly the reason that Congress provided in I.R.C. � 543(b)(3) that interest income which is derived from mortgages from the sale of property in the ordinary course of business be treated as rental income for the purpose of determining whether rents qualify as personal holding company income." Respondent argues that the subject properties were held primarily for rental and investment and were not held primarily for sale to customers. Respondent points out that there is no evidence that the properties were actively marketed for sale. To the contrary, except in several instances when petitioner listed a property with a real estate agent, it held the properties for rental but would sell a property if it received an acceptable offer. Respondent notes that petitioner claimed depreciation deductions with respect to each of the subject properties and reported the gains from the sale of all of its properties in a manner that is inconsistent with itsPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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