Neal T. Baker Enterprises, Inc. - Page 50

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          for investment despite the fact that the taxpayer filed a final             
          map and constructed about $1,600,000 in off-site improvements               
          (with the sales price of $11,250,000) on the property.  Id.                 
          Petitioner compares the facts in Paullus to its situation, where            
          it did not record a final map and constructed no improvements on            
          the Exchange Property.  Petitioner asserts that its activities              
          were minor and preliminary compared to those taken by Paullus.              
               In making its decision, the Court in Paullus looked at                 
          several factors, in addition to the fact of filing a final map              
          and constructing improvements.  Ridgemark, the taxpayer in                  
          Paullus, segregated its business of operating Ridgemark Golf and            
          Country Club from the development and sales of lots, which were             
          done by two other corporations.  Ridgemark consistently reported            
          its business activity as the operation of a golf and country                
          club.  The Court noted that Ridgemark's actions (long holding               
          period, only limited sales to its related companies, paucity of             
          purchases and sales) indicated an investment motive in holding              
          the property.                                                               
               The Court's holding in Paullus was based on the specific               
          factual situation presented in that case.  While petitioner                 
          argues that the Paullus and this case are similar, we find that             
          the instant case's factual situation is distinguishable from the            
          situation surrounding the taxpayer in Paullus.  In Paullus,                 
          Ridgemark formed Ridgemark Financial Corp. and Ridgemark                    
          Construction Corp. to carry on the residential lot activities.              



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