Timothy J. Phelan and Deborah A. Phelan - Page 18

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         investment transactions.  The investment risk for petitioner, his            
         brother, and Oldach, through Centre, JCLC, and Colorado                      
         Structures, focused on Triview’s potential success in developing             
         infrastructure for the Triview district; taxing and assessing                
         fees as a result of the development activity; and repaying the               
         bonds it issued, including interest.  Triview was independent in             
         its control and management, and the risk of loss on the bonds                
         purchased by Centre and Colorado Structures was the same as that             
         of any other uninterested investor.  The risk included                       
         mismanagement of finances and operations, which given Triview’s              
         previous insolvency, may have been substantial.  We conclude that            
         Triview’s development activities were not made on behalf of or               
         for the direct benefit of JCLC.                                              
              Respondent next argues that the 1998 sale of parcels by JCLC            
         to Vision was done solely for tax avoidance and had no                       
         independent business purpose.  In that regard, respondent asserts            
         that the development activities performed by Vision should be                
         attributed to JCLC, resulting in JCLC’s holding the property for             
         sale in the ordinary course of business.                                     
              In Bramblett v. Commissioner, 960 F.2d 526, 528 (5th Cir.               
         1992), revg. T.C. Memo. 1990-296, the Court of Appeals for the               
         Fifth Circuit analyzed a similar factual situation to the one we             
         consider here.  In that case, the taxpayer was a partner in a                
         partnership formed to acquire land for investment purposes.  The             






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