- 30 - Baldwin v. Commissioner, T.C. Memo. 1993-433. In making this determination we will not ignore the realities of the business world. Santa Anita Consol., Inc. v. Commissioner, 50 T.C. 536, 550 (1968); C.M. Gooch Lumber Sales Co. v. Commissioner, 49 T.C. 649, 656 (1968), remanded pursuant to stipulation of the parties 406 F.2d 290 (6th Cir. 1969). We agree with petitioner's analysis of what happened and decline to substitute respondent's different business judgment. Our first point of departure from respondent's analysis is the significance given to petitioner's ownership of Northwest's stock. Respondent has overemphasized this fact. Petitioner was not interested in owning Northwest but agreed to purchase the initial 51 percent primarily to keep a Foretravel dealer in that region. Petitioner and Nicholson entered into a repurchase agreement giving Nicholson the option after 3 years to repurchase petitioner's 51-percent stock holdings. In November 1988, Nicholson delivered the remaining 49 percent, along with patent rights, to petitioner as collateral for petitioner's receivables. The patent rights proved to be of no value. Nicholson eventually surrendered ownership of the remaining 49 percent in January 1989. Thus, petitioner's ownership of the Northwest stock was by default rather than by design. There is no dispute that petitioner guaranteed the financing from Chrysler First in the normal course of petitioner's trade or business of selling motor homes. A guarantor of a corporatePage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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