John Weller Wood, Jr., and Magdalena Frances Wood - Page 28

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          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 an                       






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