- 38 - 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...)Page: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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