- 19 - an active trade or business. Certainly, if purchasing and renovating muscle cars were to be considered a business, it would have to be a business that would produce income. Here, income could be produced by using the cars in the business of collecting admission from museum patrons and from the sale of the refurbished muscle cars. Petitioners contend that they were involved in both of these activities and that each was a separate business. In determining whether a taxpayer engages in two or more separate activities, section 1.183-1(d)(1), Income Tax Regs., provides that all the facts and circumstances of the case must be taken into account. Generally, the most significant facts and circumstances in making this determination are the degree of organizational and economic interrelationship of various undertakings, the business purpose which is (or might be) served by carrying on the various undertakings separately or together in a trade or business or in an investment setting, and the similarity of various undertakings. Generally, the Commissioner will accept the characterization by the taxpayer of several undertakings either as a single activity or as separate activities. The taxpayer's characterization will not be accepted, however, when it appears that his characterization is artificial and cannot be reasonably supported under the facts and circumstances of the case. * * * Contrary to petitioners' assertion, we do not find that, during the years in issue, Mr. Garrett was in the trade or business of refurbishing muscle cars for resale. There is no evidence that Mr. Garrett sold any muscle cars during the yearsPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011