Curtis and Marie Bennett - Page 6




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          employment tax provisions, the term “trade or business” generally           
          has the same meaning as used in section 162.  Sec. 1402(c).                 
               The Supreme Court in Commissioner v. Groetzinger, 480 U.S.             
          23, 35 (1987), defined a “trade or business” as a regular and               
          continual activity engaged in with the purpose of earning income            
          or profit.                                                                  
               It is often difficult to distinguish between a passive                 
          investment and a trade or business.  Although passive ownership             
          of rental property does not constitute a trade or business,                 
          active management of rental property does constitute a trade or             
          business.  McCoach v. Minehill & Schuylkill Haven R.R. Co., 228             
          U.S. 295, 303 (1913); Drobny v. Commissioner, 86 T.C. 1326, 1343            
          (1986), affd. 113 F.3d 670 (7th Cir. 1997); Neill v.                        
          Commissioner, 46 B.T.A. 197, 198 (1942).                                    
               Petitioners argue that Lucky was merely a passive owner of             
          the Keno lottery equipment, that Lucky leased the Keno lottery              
          equipment to the site organizations, and that Lucky played no               
          part in the management and operation of the actual Keno lotteries           
          at the lottery sites.  We disagree.                                         
               Petitioners oversimplify the role of Lucky in the Keno                 
          lotteries.  The lotteries occurred primarily because of the                 
          contracts Lucky entered into with the various municipalities                
          under which Lucky was to conduct and operate the lotteries.  The            








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