- 10 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10
Last modified: May 25, 2011