- 20 - reasonable relationship to the benefit petitioner got from owning stock in New-East Bank. Petitioners contend that petitioner's purchase of the stock was not the purchase of a capital asset because he had no investment motive when he bought the stock. We disagree. Stock is generally a capital asset. Arkansas Best Corp. v. Commissioner, 485 U.S. 212, 216-217, 219, 222-223 (1988). Buying stock is not ordinarily an activity of a trade or business. Higgins v. Commissioner, 312 U.S. at 216 (managing securities investments and collecting income therefrom generally is not a trade or business, regardless of the amount invested, continuity of effort, or amount of time devoted to the activity). Petitioners rely on Schanhofer v. Commissioner, T.C. Memo. 1986-166, where we held that the investment interest limitations of section 163(d) did not apply to interest paid by a taxpayer who borrowed money to buy stock in the company for which he worked. That case is distinguishable. In Schanhofer, the taxpayer paid a substantial premium for stock that was not marketable. The stock in Schanhofer had minimal growth potential. In contrast, petitioner bought unrestricted New-East Bank stock and did not show that he paid more than fair market value for the stock or that it had no growth potential.3 This 3 We did not consider sec. 163(h) in Miller v. Commissioner, 70 T.C. 448 (1978), and Schanhofer v. Commissioner, T.C. Memo. 1986-166, because it had not yet been enacted. We decided (continued...)Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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