- 13 - 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)).Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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