- 11 -11 At the outset, we note that in order to constitute a business bad debt, the dominant motive for the indebtedness must relate to the taxpayer's trade or business. United States v. Generes, 405 U.S. 93 (1972). Here petitioners stumble on the definition of "trade or business". They stress several times on brief that the dominant motive of the guarantee was "to preserve his [petitioner Glenn Peterson's] employment and generate future corporate profits." But employment and corporate profits are two distinct concepts. Petitioners misunderstand that Glenn Peterson wore two hats with respect to Dutchess--one as a shareholder- investor, and one as an employee-officer. He had, however, for purposes of section 166, only one trade or business--that of being an employee or officer. Investing in a single enterprise is not a trade or business. Whipple v. Commissioner, 373 U.S. 193 (1963). In this connection, we note that petitioners do not contend that Glenn Peterson was in the trade or business of financing corporations. See Raymond v. United States, 511 F.2d 185, 189 (6th Cir. 1975). In order to qualify for ordinary loss treatment, petitioners would have to show that Glenn Peterson originally made the guarantee to protect his "business" of being an employee. Eisenberg v. Commissioner, 78 T.C. 336, 349 (1982); Shinefeld v. Commissioner, 65 T.C. 1092, 1099 (1976). Petitioners have conceded on brief that Glenn Peterson and the other shareholders drew "nominal salaries (if any)". WePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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