James B. and Joan E. Murtaugh - Page 18

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          take a vacation.  It is true that petitioners had other jobs and            
          that they lost rather than made money on the timeshares, but we             
          are persuaded that the primary purpose for purchasing the                   
          timeshares was to make a profit.                                            
               Merely because petitioner sought to make a profit does not             
          mean that he was engaged in a trade or business.  To be engaged             
          in a trade or business, there must be continuity and regularity             
          to the activity.  Commissioner v. Groetzinger, supra; see Flint             
          v. Stone Tracy Co., 220 U.S. 107, 171 (1911).  Respondent                   
          stresses that this case is appealable to the Court of Appeals for           
          the Second Circuit and that we must, therefore, follow the law of           
          the Second Circuit.  In this regard, respondent relies most                 
          heavily on Grier v. United States, 218 F.2d 603 (2d Cir. 1955),             
          affg. per curiam 120 F.Supp. 395 (D. Conn. 1954).  Petitioner               
          relies on three Tax Court cases and one Second Circuit case,                
          Gilford v. Commissioner, 201 F.2d 735, 736 (2d Cir. 1953), affg.            
          a Memorandum Opinion of this Court, and attempts to distinguish             
          Grier from this case.                                                       
               In Gilford, the taxpayer inherited fractional interests in             
          several buildings in the 700 block of Third Avenue in New York              
          City.  Two sisters of the taxpayer and another person acquired              
          similar interests in the same manner as the taxpayer.  The                  
          taxpayer and the other owners hired a real estate firm to manage            
          all the properties as a unit and to account to each owner for his           
          or her share of income.  The Court of Appeals held:                         




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