Sylvia Osterbauer and Estate of Joseph Osterbauer, Deceased, Sylvia Osterbauer, Personal Representative - Page 10

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          The increase in value of stock is the type of capital increase              
          that suggests a nonbusiness motive.  See Whipple v. Commissioner,           
          373 U.S. 193 (1963).                                                        
               Petitioner and decedent argue further that their investment            
          in International Mining, a gold mining venture, is proximately              
          related to their business of subdividing and developing rental              
          real estate.  We find that it is not.  Petitioner and decedent              
          were merely investors in this corporation.  Gold mining was not a           
          real estate venture of the type that would be considered to be              
          part of petitioners' trade or business.  Mining is quite                    
          different from general real estate ventures, and petitioners have           
          failed to put forth sufficient evidence such that we could                  
          conclude that they engaged in a trade or business so broad as to            
          encompass mining.                                                           
               "[I]nvesting is not a trade or business".  Id. at 202.  This           
          venture was an investment unrelated to petitioner's and dece-               
          dent's trade or business.  Therefore, we hold that petitioner's             
          and decedent's loans to International Mining, which became                  
          worthless, are nonbusiness bad debts within the meaning of                  
          section 166(a).                                                             
                                                  Decision will be entered            
                                             under Rule 155.                          









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