Char-Lil Corporation - Page 26

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             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 and                 



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