Reza and Connie M. Rezazadeh - Page 12

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          taxpayer's dominant motivation; a significant motivation is not             
          sufficient.  United States v. Generes, 405 U.S. 93, 103 (1972).             
               The relationship between a debt and the taxpayer's trade or            
          business is a question of fact.  B.B. Rider Corp. v.                        
          Commissioner, 725 F.2d 945, 948 (3d Cir. 1984), affg. in part and           
          vacating in part T.C. Memo. 1982-98.  In other words, the                   
          determination of the taxpayer's dominant motive is a factual one.           
          Hough v. Commissioner, 882 F.2d 1271, 1276 (7th Cir. 1989), affg.           
          T.C. Memo. 1986-229.  The question of dominant motive is                    
          ascertained as of the time the loan or guaranty is made.  Harsha            
          v. United States, 590 F.2d 884, 886 (10th Cir. 1979).  The loss             
          from a direct loan to a corporation or from the guaranty of a               
          loan is evaluated under the same dominant motive standard.  B.B.            
          Rider Corp. v. Commissioner, supra at 948.                                  
               When the creditor or guarantor of a corporate debt is a                
          shareholder/investor and also an employee, mixed motives for the            
          loan and guaranty are present, and the critical issue becomes               
          which motive is dominant.  United States v. Generes, supra at               
          100.  Investing is not a trade or business.  Whipple v.                     
          Commissioner, 373 U.S. 193, 202 (1963).  The rewards of investing           
          are "expectative"; that is, the rewards result from appreciation            
          and earnings on the investment rather than from personal effort             
          or labor.  United States v. Generes, supra at 100-101.  One's               
          role or status as an employee is a business interest.  Id. at               





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