- 7 - entitled to deduct the full amount of his loss under section 165(a). Respondent's position is that petitioner's loss is limited by section 165(f) because the East Lyme property was held by petitioner as a capital asset. Respondent argues that the East Lyme property does not fall within the section 1221(1) exception for property held primarily for sale to customers in the ordinary course of a trade or business because petitioner was not in the business of buying and selling real estate. The question of whether property is held primarily for sale to customers in the ordinary course of the taxpayer's trade or business is a question of fact that depends on the circumstances of each case. McManus v. Commissioner, supra at 211. After fully considering the record in this case, we find that petitioner did not hold the East Lyme property as a capital asset. The East Lyme property construction project and its subsequent disposition arose within the context of petitioner's existing construction business.4 See S & H , Inc. v. Commissioner, 78 T.C. 234, 243 (1982). Respondent attempts to isolate petitioner's activity with respect to the East Lyme 4 The fact that petitioner simultaneously worked as an airline pilot does not preclude a finding that he was engaged in the construction business, since a taxpayer may be engaged in more than one business. S & H , Inc. v. Commissioner, 78 T.C. 234, 243 (1982); Curphey v. Commissioner, 73 T.C. 766, 775 (1980).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011