- 18 - 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: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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