- 70 - petitioner bears the burden of showing that the property was held as a capital asset, Guardian Indus. Corp. & Subs. v. Commissioner, 97 T.C. 308, 316 (1991), affd. without published opinion 21 F.3d 427 (6th Cir. 1994). See also Pritchett v. Commissioner, supra at 164 (“Petitioner has the burden of proving that when he dealt with the parcels of land here involved he was wearing the hat of an investor rather than that of a dealer.”). Respondent argues that petitioner was in the business of buying and selling real estate at the time of the sales, that “petitioner agrees that he is not entitled to capital gain treatment for any of the numerous properties which he sold [in that business] during the years at issue”, and that he has failed to meet his burden of demonstrating that he held the parcels as an investor, rather than a dealer. Petitioner, on the other hand, contends that he acquired the parcels with the intention of holding them as long-term investments, that he did not develop the parcels, did not advertise them for sale, did not attempt to change the zoning of the property, and that it was Mr. Carter, not petitioner, who initiated the discussions regarding the sales of the parcels. Petitioner stipulated that “Since the mid 1970s through the present, the petitioner has been in the business of buying and selling real estate and real estate development.” Nevertheless, petitioner contends that his ordinary course of business is “thePage: Previous 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 Next
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