Melvin J. Laney and Carolyn A. Laney - Page 38

                                               - 38 -                                                 

            expanding their already existing commercial banking activities,                           
            and not preopening expenses of new businesses.  On the other hand                         
            in Hardy v. Commissioner, supra, this Court concluded that the                            
            taxpayer’s intent to buy and thereafter to own and manage large                           
            commercial hotel and motel properties was unrelated to the                                
            taxpayer’s part-time work managing rental homes.                                          
                  We believe that the situation in the instant case is more                           
            like a rental real estate manager beginning a new business as a                           
            manager and owner of hotels and motels, than it is like                                   
            commercial banks expanding into the credit card industry.  Laney                          
            worked as a computer programming consultant.  In or around 1977                           
            Laney began to do computer consulting for several pharmaceutical                          
            companies.  Laney designed integrated computer systems for these                          
            companies that could communicate with other computer systems.                             
            His work for these companies was performed either at their                                
            facilities or at his home office.  Laney’s consulting work                                
            consisted of providing a service; it did not include rental of                            
            space or ownership of real property.  In the case of R.K.,                                
            however, Laney’s plan was to profit from the rental of cage                               
            space.  He expected to offer his consulting services to the R.K.                          
            researching entities, but none of those entities would be                                 
            required to use his consulting services.                                                  
                  Petitioners called Clement C. Darrow II (hereinafter                                
            sometimes referred to as Darrow), as an expert witness, both to                           





Page:  Previous  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  Next

Last modified: May 25, 2011