Neal T. Baker Enterprises, Inc. - Page 49

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          recorded.  Mr. Baker admitted at trial petitioner wanted to sell            
          the Exchange Property to get its money back.  While petitioner              
          categorizes this as a vague intent, we find that petitioner                 
          expended substantial time, energy, and money in its efforts to              
          develop the Exchange Property.  Whether petitioner was going to             
          get its money back by subdividing and developing the property or            
          by selling the raw land, it indicates an intent to liquidate the            
          property.  See Bolker v. Commissioner, 760 F.2d 1039, 1045 (9th             
          Cir. 1985), affg. 81 T.C. 782 (1983).                                       
               Extent of Marketing the Exchange Property                              
               Petitioner points out that it received an unsolicited offer            
          to purchase the Exchange Property through a broker.  Prior to               
          receiving the unsolicited offer for the purchase of the Exchange            
          Property, petitioner did not list the property with a broker for            
          sale, did not advertise it for sale in any way, and engaged in no           
          other marketing efforts relating to the Exchange Property.                  
               At the same time, in connection with the 14 lots, petitioner           
          did not actively market the development; instead, petitioner used           
          unrelated realtors.                                                         
               Paullus v. Commissioner                                                
               In attempting to demonstrate its investment intent,                    
          petitioner focuses on the fact that it never recorded the final             
          map of (i.e., never subdivided) the Exchange Property.                      
          Petitioner cites Paullus v. Commissioner, T.C. Memo. 1996-419.              
          In Paullus, the Court found that the taxpayer held the property             



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