- 32 - and selling commercial property, including the Gulf Highlands resort. Petitioners argue that the 40 acres was acquired as a passive investment and that the development activities of Towers Development should not be attributed to them. The record is clear, however, that from the outset, Briggs, Mr. Morris, and Daniell had a preconceived plan to develop both the phase I land acquired by Towers Development and the adjacent 40 acres, and to split net profits therefrom equally as part of their joint venture. Briggs testified that the acquisition by Towers Development of the 100 acres making up phase I and the acquisition by Briggs and Daniell of the adjacent 40 acres were structured as separate transactions for tax reasons.23 About 13 23 On direct examination, Briggs testified as follows: Q. When you bought this property, did you consult your accountants about the transaction? A. They recommended that we structured [sic] it that way. They said-–and I’m paraphrasing this and I may not be exactly right. It was a long time ago. They said, Well, if you buy it over here–-one piece over here-–you’ve got one entity–-and this other one here is a different entity, when you get-–if this different entity causes some action that causes the value of the land to go up, you know, and you buy–-the other entity goes and buys it for the real value of the land, as it went up, but the second one didn’t work, well, then you’d be stuck with the land. But anyway, that would be qualified for what they said was long-term capital gain, and you’d pay less taxes.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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