Neal T. Baker Enterprises, Inc. - Page 38

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          estate."  Municipal Bond Corp. v. Commissioner, 382 F.2d 184, 188           
          (8th Cir. 1967), revg. in part and affg. in part 46 T.C. 219                
          (1966) (dealing with section 1221).  The fact that land was held            
          for many years does not, by itself, establish an intention to               
          hold the property for investment rather than sale.  See Stockton            
          Harbor Indus. Co. v. Commissioner, 216 F.2d 638, 655-656 (9th               
          Cir. 1954).                                                                 
               In claiming that it held the Beaumont Property and the                 
          Exchange Property for investment purpose, petitioner asserts that           
          its subdividing and developing activities were very limited.16              
          Petitioner points out that it sold all of its houses through                
          unrelated realtors and that it did not engage in any construction           
          activities, instead it used subcontractors.  Petitioner contends            
          that the heart and soul of petitioner related to the location,              
          development, and construction of fast food sites to be held for             
          investment.  Petitioner states that a majority of its income is             
          derived from the rental of fast-food locations17 (Mr. Baker                 


               16  Petitioner also asserts that it had a history of holding           
          properties for investment, including properties that it at one              
          time intended to develop.  However, the record does not support             
          petitioner's position.                                                      
               17  At times, petitioner blurs the distinction between                 
          petitioner and the separate corporation Baker Burger's Inc.  When           
          petitioner spun off in 1969 the fast-food operations to Baker               
          Burger's Inc., Mr. Baker stated that the two businesses were for            
          all practical purposes totally unrelated, and that it had become            
          necessary to conduct the two businesses separately in order to              
          facilitate flexibility, expansion, cost control, proper                     
                                                             (continued...)           




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