Neal T. Baker Enterprises, Inc. - Page 36

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          listed "subdivider and developer" instead of "real estate                   
          operator and lessor of building" as its principal business                  
          activity.                                                                   
               Additionally, the evidence shows that petitioner continued             
          its subdividing and developing activities.  For example,                    
          petitioner continued to build houses on the 20-lot tract in                 
          Yucaipa after petitioner allegedly discontinued developing,                 
          recording the income from the sale of the houses as ordinary                
          income in 1990, 1991, 1992, and 1993.  In regard to these other             
          developments by petitioner, we know that it continued to hold               
          these properties for sale, rather than investment.  The record              
          does not substantiate petitioner's assertion that it built homes            
          on existing lots and no longer subdivided raw land into lots.               
               Mr. Baker's mere statements that petitioner intended to                
          discontinue the development business are not enough to change the           
          characterization of the Exchange Property.  See Tollis v.                   
          Commissioner, T.C. Memo. 1993-63, affd. per curiam without                  
          published opinion 46 F.3d 1132 (6th Cir. 1995).  Petitioner                 
          presented no objective and contemporaneous evidence to establish            
          its change in intent.  Considering petitioner's actions, Mr.                
          Baker's health concerns do not persuade us to accept petitioner's           
          conclusion that it stopped its subdividing and developing                   
          activities.                                                                 







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