- 16 - Petitioner further testified that he attempted to quickly resell certain properties by, on the day of closing, putting up a sign and contacting other people to buy it. We accept that the Austin, Texas, real estate market was very active at that time, and that petitioner purchased certain properties with the intent to resell them immediately. We further accept that petitioner's intention to resell was thwarted by a sudden and dramatic downward turn in the real estate market. This, however, does not change our analysis, in light of the guidance provided by the Court of Appeals for the Fifth Circuit, that this record of frequency and substantiality does not rise to the necessary level to reach the conclusion that petitioner was engaged in a trade or business. See Bramblett v. Commissioner, 960 F.2d at 531. On the basis of our reasoning above, we need not reach the remaining two questions which the Court of Appeals directs us to consider. Accordingly, since petitioners were not engaged in a trade or business, the losses sustained on the 1987 properties were long-term capital losses. Issue 4. Saddle Mountain Mineral Interest Respondent determined that the $59,492 loss petitioners sustained with respect to Saddle Mountain in 1987 is a long-term capital loss. Petitioners assert that it is an ordinary loss. On July 3, 1984, petitioner acquired Saddle Mountain, which was located in Grant County, Washington. At that time, the ShellPage: 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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