- 16 - shareholder to a corporation for the purpose of protecting or enhancing the shareholder’s investment in the corporation is a nonbusiness debt. Deely v. Commissioner, supra at 1092. An intention to sell stock of a company for profit is consistent with the goals of an investor, and a taxpayer with such an intention is not in the trade or business of dealing in corporations unless his activities are so extensive and continuous as to constitute a separate trade or business. See Imel v. Commissioner, 61 T.C. 318, 323 (1973). In Whipple v. Commissioner, 373 U.S. 193, 202 (1963), the Supreme Court stated: Devoting one’s time and energies to the affairs of a corporation is not of itself, and without more, a trade or business of the person so engaged. Though such activities may produce income, profit or gain in the form of dividends or enhancement in the value of an investment, this return is distinctive to the process of investing and is generated by the successful operation of the corporation’s business as distinguished from the trade or business of the taxpayer * * * To be engaged in a trade or business of promoting business entities, a taxpayer must seek compensation "other than the normal investor’s return" and must conduct the activity for a fee or commission or with the immediate purpose of selling of the companies at a profit in the ordinary course of that business. Deely v. Commissioner, supra at 1093. A taxpayer who seeks a return from long-term investments rather than a quick sale after the corporation becomes established is more likely to be viewed as an investor rather than a business promoter. Id. at 1093-Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011