Woody F. Lemons - Page 38

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             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 "origin              






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