John A. Malone and Brenda K. Malone - Page 15

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          taxpayer borrowed money to buy a controlling interest in the                
          stock of a bank so that he could become the bank's president.               
          The corporation paid little or no dividends while the taxpayer              
          owned it.  The taxpayer contended that he held the bank stock as            
          part of his trade or business of banking (and not as an                     
          investment) because it allowed him to become the bank president.            
          Id. at 453.  We concluded that the taxpayer ran the corporation             
          to increase its resale value and that the taxpayer held the stock           
          as an investment.                                                           
               We recognize that petitioner wanted to work for Seattle                
          Pump; however, like Miller, the objective facts show that                   
          petitioners held the stock as an investment, not as part of a               
          trade or business.  The stock of Seattle Pump is a capital asset.           
          Petitioner researched the company before buying the stock as a              
          prudent investor would.  He learned that Seattle Pump had been              
          profitable.  Petitioner believed petitioners paid fair market               
          value for the stock.  Payment of fair market value for stock                
          suggests that the stock was held for investment purposes; payment           
          of a price above fair market value would have suggested it was              
          not held as an investment.  Id. at 456.  Petitioners have held              
          the stock for a relatively long period of time.  They have                  
          enjoyed the benefits of stock ownership, including control of               
          Seattle Pump.  Petitioners will benefit, as any investor would,             
          if the value of the stock rises.  Petitioner testified that he              





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