- 38 - evident from the fact that he had no other purpose for holding the club memberships. They claim that he did not hold the club memberships for personal or family use, for rental income, or for investment. Petitioners also assert that Mr. Lemons was engaged in the trade or business of selling memberships since the joint venture was engaged in developing the Moonlight Beach property and petitioner and Mr. Dixon "were simply carrying out their original development plan when they 'subpurchased' the (18) unsold memberships in their own names." Petitioners cite cases involving the distinction between a "dealer" and an "investor" in real property and argue that the factors used in those cases show that petitioner's activities "rise to the level of trade or business." Finally, they contend that the factors identified in the regulations promulgated under section 183 also show that petitioner was engaged in a trade or business. Petitioners' second argument is that they are entitled to a deduction because the subject loss was incurred in a transaction entered into for profit and is fully deductible under section 165(c)(2). Petitioners cite Meyer v. Commissioner, T.C. Memo. 1975-349, affd. 547 F.2d 943 (5th Cir. 1977), and other cases and argue that the characterization of the loss should be based on the "originPage: 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