Neal T. Baker Enterprises, Inc. - Page 46

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               Improvements                                                           
               We note that petitioner did not make any improvements on the           
          Exchange Property.  However, the fact that the property was not             
          developed when it was sold does not, standing alone, require a              
          conclusion that it was held for investment.  See Kesicki v.                 
          Commissioner, 34 T.C. 675, 679 (1960).                                      
               Activity: Map Process                                                  
               Petitioner contends that there were little or no activity in           
          regard to the Exchange Property.  See Olivieri v. Commissioner,             
          T.C. Memo. 1966-177.  We disagree.  In regard to the Exchange               
          Property, petitioner resubmitted the tentative map.  The                    
          tentative map was approved on June 9, 1986.21  Afterwards,                  
          petitioner proceeded to obtain a final map regarding the Exchange           
          Property.  Between May 6, 1986 and May 16, 1989, petitioner                 
          worked with Mr. Dotson, the engineer for city, to revise the                
          conditions of approval, including the cost estimate.  During this           
          period, Dotson revised the conditions.  These discussions led to            
          petitioner being able to lock-in the lower city development fees            
          for the Exchange Property.                                                  
               As of March 18, 1988, the final map on the Exchange Property           
          was approved and ready to be recorded once petitioner obtained              
          the required signatures.  As of the date of the exchange, the               


               21   A tentative map shows the design and improvement of a             
          proposed subdivision and the existing conditions, but it cannot             
          be recorded.  Cal. Govt. Code secs. 66424.5(a), 66429 (West                 
          1997).                                                                      



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