Neal T. Baker Enterprises, Inc. - Page 22

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          that it changed its intent with respect only to the 14 lots                 
          fronting Pennsylvania Avenue.  It contends that Mr. Baker made a            
          determination that the 14 lots could be inexpensively subdivided            
          and that entry-level houses could be profitably built on Tract              
          No. 10018-1.  From that time forward, petitioner's intent was to            
          hold the 14 lots for sale.  After obtaining the final map for               
          Tract No. 10018-1, petitioner ultimately subdivided the 14 lots,            
          constructed the 14 houses, and sold the 14 houses.                          
               Petitioner asserts that its intent in regard to Tract No.              
          10018-1, held for sale, differed from its intent in regard to the           
          Exchange Property.  Mr. Baker testified that at the time of the             
          filing of the final map for the 14 lots fronting Pennsylvania               
          Avenue, he had already decided that constructing homes on the               
          remaining portion of the property was not feasible.  Petitioner             
          contends that it partitioned the 48 lots constituting the                   
          Exchange Property from the rest of the tract, as evidenced by the           
          recording of the final map relating only to the 14 Lots and                 
          excluding the Exchange Property.9                                           

               9  The fact that the final map only pertained to the 14 lots           
          fronting Pennsylvania Avenue does not lead to the conclusion that           
          the Exchange Property was held for investment.  It is possible              
          that petitioner partitioned the property for other reasons, such            
          as minimizing the bond to be posted for improvements on the                 
          property.                                                                   
               We note that a letter, dated Sept. 28, 1983, written by                
          Garner, Troy & Associates, Inc., and signed by Mr. Baker, implied           
          that petitioner would undertake in stages the development of the            
          entire tract:                                                               
                                                             (continued...)           




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