- 12 - See also Suburban Realty Co. v. United States, supra at 178. In answering these questions, the Court of Appeals has instructed that seven factors should be considered: (1) the nature and purpose of the acquisition of the property and the duration of the ownership; (2) the extent and nature of the taxpayer's efforts to sell the property; (3) the number, extent, continuity and substantiality of the sales; (4) the extent of subdividing, developing, and advertising to increase sales; (5) the use of a business office for the sale of the property; (6) the character and degree of supervision or control exercised by the taxpayer over any representative selling the property; and (7) the time and effort the taxpayer habitually devoted to the sales. Bramblett v. Commissioner, supra at 530-531; Suburban Realty Co. v. United States, supra at 178; Biedenharn Realty Co. v. United States, supra at 415; United States v. Winthrop, supra at 910. The frequency and substantiality of sales is the most important factor. Bramblett v. Commissioner, supra at 531; Suburban Realty Co. v. United States, supra at 178; Biedenharn Realty Co. v. United States, supra at 416. This is so because A taxpayer who engages in frequent and substantial sales is almost inevitably engaged in the real estate business. The frequency and substantiality of sales are highly probative on the issue of holding purpose because the presence of frequent sales ordinarily belies the contention that property is being held "for investment" rather than "for sale." And the frequency of sales may often be a key factor in determining the "ordinariness" question. [Suburban Realty Co. v. United States, supra at 178.]Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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