Edward C. Tietig - Page 18




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          petitioner argues that Farm & Grove satisfies the exception for             
          sales of residential lots to individuals.                                   
               The sale of a residential lot to an individual in the                  
          ordinary course of a taxpayer’s business is not considered a                
          dealer disposition if neither the seller nor any person related             
          to the seller can make any improvements on the lot.  Sec.                   
          453(l)(2)(B)(ii)(II).  In the instant case, the transfer of lots            
          was not made to an individual.  The property transfer was to a              
          partnership, the Kiddies 38/91 partnership.  The common,                    
          ordinary, and plain meaning of section 453(l)(2)(B)(ii)(II)                 
          requires that the transfer be made to an individual.  The                   
          language seems to be so unambiguous as to give no alternative but           
          to apply it precisely as written.  We find nothing that would               
          support an interpretation of section 453(l)(2)(B)(ii)(II) that              
          differs from the words of the statute, and petitioner has not               
          provided us with any reasoning to support his argument.                     
               Petitioner also has not provided sufficient evidence that              
          the 53 lots transferred were residential lots.  For purposes of             
          section 453(l)(2)(B)(ii)(II), a residential lot is a parcel of              
          unimproved land upon which the purchaser intends to construct (or           
          intends to contract to have another person construct) a dwelling            
          unit for use as a residence by the purchaser.  Wang v.                      
          Commissioner, T.C. Memo. 1998-127.                                          








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