James P. Shea and Patricia H. Shea - Page 16




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          and use of Russian airplanes.  In addition, no party has                    
          contended that Quotum’s corporate existence must be disregarded.            
               Although we have found that James transferred substantial              
          funds to or on behalf of Quotum and paid some corporate expenses            
          personally, the fact that James supplied funds to pay Quotum’s              
          expenses and finance its operations does not make his investment            
          or the expenses that he paid deductible by him.  See Whipple v.             
          Commissioner, 373 U.S. 193 (1963); Weigman v. Commissioner, 47              
          T.C. 596, 606 (1967), affd. per curiam 400 F.2d 584 (9th Cir.               
          1968).                                                                      
               In Whipple v. Commissioner, supra, the Supreme Court held              
          that a taxpayer’s advances to one of a number of corporations he            
          owned did not result in a deductible business bad debt under                
          section 166 because the advances were not related to the                    
          taxpayer’s trade or business (in contrast to the trade or                   
          business of the taxpayer’s corporation).  The Supreme Court’s               
          reasoning in Whipple is instructive:                                        
                    Devoting one’s time and energies to the affairs of                
               a corporation is not of itself, and without more, a                    
               trade or business of the person so engaged.  Though                    
               such activities may produce income, profit or gain in                  
               the form of dividends or enhancement in the value of an                
               investment, this return is distinctive to the process                  
               of investing and is generated by the successful                        
               operation of the corporation’s business as                             
               distinguished from the trade or business of the                        
               taxpayer himself.  When the only return is that of an                  
               investor, the taxpayer has not satisfied his burden of                 
               demonstrating that he is engaged in a trade or business                
               since investing is not a trade or business and the                     





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