Glenn and Marion Peterson - Page 11

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                    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             originally made the guarantee to protect his "business" of being                                     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)".  We                                         





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