-13- percent partnership interest in J & M to petitioner. The record does not explain why Mr. Templeman and Mr. Adkins entered the August 27, 1984, agreement without petitioner; however, the testimony of petitioner and Mr. Templeman at trial indicates that a transfer of Mr. Adkins' partnership interest to petitioner was contemplated by all three parties. We have no reason to doubt their testimony. Moreover, we are satisfied that one significant reason that the August 27, 1984, agreement was not amended earlier was because of Mr. Adkins' medical condition and his unavailability due to his serious condition. Respondent points out that on August 30, 1984, petitioner was employed by Coal Mack. This fact does not alter our analysis. A taxpayer can be engaged in more than one trade or business at the same time. Syracuse v. Commissioner, T.C. Memo. 1981-340. Moreover, the only reason petitioner remained employed by Coal Mack after August 30, 1984, was because Coal Mack had not yet hired his successor. For the foregoing reasons, we conclude that petitioner was in the trade or business of leasing equipment at the time that he made the loan to Tag Coal. Respondent also contends that petitioner's motivation for making the loan did not have a proximate relationship to petitioner's trade or business of leasing equipment. In this regard, respondent argues that petitioner's dominant motivation in making the loan was to relieve Mrs. Lykins' son, Mr.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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