- 18 - held in petitioner's "trade or business." See Black v. Commissioner, supra at 96 (Court rejected taxpayer's argument that property acquired in a like-kind exchange but held primarily for sale should come within section 1031 if the sale was not within the taxpayer's ordinary course of business); Paullus v. Commissioner, T.C. Memo. 1996-419. As a result, the exclusion of "property held primarily for sale" from nonrecognition treatment in section 1031(a)(1) is broader than the exception to capital gain treatment in section 1221(1). Purpose For Which Beaumont Property Was Initially Acquired Petitioner argues that its original intent in purchasing the Beaumont Property was to construct duplex or four-plex rental apartment units. According to petitioner, its intent was to hold such units for long-term investment. Petitioner relies on Mr. Baker's testimony regarding discussions with his broker Carl Mellor about rezoning the property to multi-family use. We do not find Mr. Baker's statements regarding petitioner's original intent persuasive. In direct contrast with the assertion that petitioner intended to hold the property for construction of duplex or four-plex rental units, its purchase was contingent upon the tentative subdivision map for the Beaumont Property being approved by the city of Beaumont. This tentative map proposed to subdivide the property into 48 lots forPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011