Norwest Corporation and Subsidiaries, Successor in Interest to United Banks of Colorado, Inc., and Subsidiaries, et al. - Page 41

                                       - 41 -                                         
          to a subdivision should be added to the cost of the lots in the             
          subdivision.  This Court stated as follows:                                 
                    The difficulty with petitioner's contention is                    
               that, unlike the taxpayer in Country Club Estates,                     
               Inc., supra, the petitioner has not given up any                       
               property in order to sell its lots.  For the funds it                  
               expended, the petitioner acquired a water supply system                
               which it owned and operated during the taxable years                   
               and thereafter.  It is true that the system has not                    
               been operated at a profit, due, perhaps, to the small                  
               number of houses which have been constructed at The                    
               Colony.  And it also may be true, as petitioner                        
               contends, that the pumping station may be abandoned at                 
               some time in the future, when the facilities of the                    
               Lexington Water Company reach the subdivision.  These                  
               circumstances, however, do not alter the fact that the                 
               petitioner retained full ownership and control of the                  
               water supply system during the taxable years, and that                 
               it did not part with the property for the benefit of                   
               the subdivision lots.  Because of this retention of                    
               ownership, Country Club Estates, Inc., supra, is                       
               distinguishable.  * * *  [Id. at 46.]                                  
               This Court in Estate of Collins v. Commissioner, 31 T.C. at            
          256 (1958), distilled the decisions in Country Club Estates, Inc.           
          v. Commissioner, supra, and Colony, Inc. v. Commissioner, supra,            
          and announced the following test:                                           
                    A careful consideration of the cases above cited                  
               indicates that if a person engaged in the business of                  
               developing and exploiting a real estate subdivision                    
               constructs a facility thereon for the basic purpose of                 
               inducing people to buy lots therein, the cost of such                  
               construction is properly a part of the cost basis of                   
               the lots, even though the subdivider retains tenuous                   
               rights without practical value to the facility                         
               constructed (such as a contingent reversion), but if                   
               the subdivider retains “full ownership and control” of                 
               the facility and does “not part with the property                      
               [i.e., the facility constructed] for the benefit of the                
               subdivision lots,” then the cost of such facility is                   
               not properly a part of the cost basis of the lots.                     
               The rule of Estate of Collins has been applied in subsequent           





Page:  Previous  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  Next

Last modified: May 25, 2011