Melvyn L. Bell - Page 16

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          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-               


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