- 26 - to respondent's revenue agent during the audit that petitioner held the properties for rental. On the basis of the record in this case, we cannot find that petitioner has shown that it held real property for sale to customers in the ordinary course of its trade or business. Our finding that petitioner did not hold the subject properties for sale to customers in the ordinary course of its trade or business is also consistent with the manner in which petitioner reported its sales of real property for Federal income tax purposes. As described above, in each of its returns for the years in issue, petitioner took the position that all of its sales of real properties consisted of "property used in the trade or business" as defined by section 1231(b). That provision specifically excludes, among other things, "property held by the taxpayer primarily for sale to customers in the ordinary course of his trade or business". Sec. 1231(b)(1)(B). Furthermore, petitioner reported all of its sales as "installment sales", as defined by section 453(b). Thus, petitioner took the position in each of the returns in issue that its sales of real property did not include "dealer dispositions"; i.e., "Any disposition of real property which is held by the taxpayer for sale to customers in the ordinary course of the taxpayer's trade or business." Sec. 453(l)(1)(B). Accordingly, based upon all the facts andPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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