- 36 - to respondent's agent during the audit of petitioner's returns. On the other hand, petitioner's argument is inconsistent with petitioner's reporting of its real property sales using the installment method and, in effect, representing that none of those sales involved a "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." See sec. 453(l)(1)(B), (b)(2)(A). We also agree with respondent regarding the allocation of petitioner's expenses. Respondent accepts petitioner's position with respect to the allocation of legal and accounting expenses, franchise taxes, and income taxes. Accordingly, we need not discuss those expenses. In the case of Mr. McKelvey's compensation, the payroll tax attributable thereto, and the expense for the automobile furnished to Mr. McKelvey, we agree with respondent that petitioner's proposed allocation is not reasonable in light of Mr. McKelvey's testimony regarding the small amount of time he spent collecting note payments and the fact that petitioner did not purchase or sell any real estate during 1992 or 1993. Similarly, petitioner has failed to establish a factual basis to allocate its miscellaneous expenses, its expenses for supplies, and its expenses for utilities and telephone. This is particularly true inPage: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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