- 49 - 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 propertyPage: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
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