- 28 - mortgage obligation, they borrowed money from relatives and placed the Florida house on the market. The timeshares and the South Carolina house were personal vacation properties. They were not listed for sale until funds were needed to pay for the Florida house. These vacation properties were not purchased or held for sale to customers in the ordinary course of business. Moreover, petitioner’s ownership of the undeveloped land in Florida does not establish that petitioner and Mrs. Wood were dealers in real estate. Petitioner and Mrs. Wood purchased the undeveloped land in 1976. In 1994, petitioner and Mrs. Wood entered into a contract to sell that land, but the buyer failed to perform under the contract. The land remained undeveloped, and petitioner continued to own it through 1996. There is no evidence that petitioner offered the land for sale before 1994 or that he ever attempted to develop the land. We conclude that petitioner purchased the land as an investment and not as property held for sale to customers in the ordinary course of business. Finally, petitioner’s investment in MSPR, Ltd., does not establish that he was a dealer in real estate. Petitioner’s partnership interest in MSPR, Ltd., was not real property held for sale to customers in the ordinary course of petitioner’s business. It is settled law that a partnership is anPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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