David Taylor Enterprises, Inc. & Subsidiaries - Page 13

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          Commissioner, 960 F.2d 526 (5th Cir. 1992); Suburban Realty Co.             
          v. United States, 615 F.2d 171 (5th Cir. 1980); Biedenharn Realty           
          Co. v. United States, 526 F.2d 409 (5th Cir. 1976).  We apply               
          these factors to determine whether the dealership held the                  
          classic cars for investment or for sale.                                    
               1.  Frequency and Regularity of Sales                                  
               The frequency and regularity of sales are among the most               
          important factors in determining whether an asset is held for               
          investment or as inventory.  Suburban Realty Co. v. United                  
          States, supra at 176 (cited by Williford v. Commissioner, supra);           
          see also Biedenharn Realty Co. v. United States, supra at 416;              
          Buono v. Commissioner, 74 T.C. 187, 199 (1980); Goldberg v.                 
          Commissioner, 223 F.2d 709 (5th Cir. 1955) (frequency of sales              
          alone is not sufficient to establish a taxpayer is engaged in               
          selling assets as a business).  The inference, generally, is that           
          frequent sales serve as an indicium that the assets are being               
          held for sale, while infrequent sales serve as an indicium that             
          the assets are being held for investment.                                   
               Whether the number of sales was sufficiently frequent must             
          be viewed in the context of the particular industry at issue.               

               14(...continued)                                                       
          inventory.  See Williford v. Commissioner, supra (citing Bittker            
          & Lokken, Federal Taxation of Income, Estates and Gifts, par.               
          51.2.3, at 51-18, par. 51.2.4, at 51-23 (2d ed. 1990); Ross v.              
          Commissioner, 227 F.2d 265, 268 (5th Cir. 1955); and Goldberg v.            
          Commissioner, 223 F.2d 709, 713 (5th Cir. 1955), revg. 22 T.C.              
          533 (1954)).                                                                





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