- 17 - 1095. When engaged in business promotion, the taxpayer receives income directly for the services provided to the corporation rather than indirectly through the corporation’s success. Whipple v. Commissioner, supra at 203. Whether the taxpayer is engaged in a trade or business is a question of fact. United States v. Generes, 405 U.S. 93, 103 (1972). Petitioner contends that he was in the trade or business of buying and rehabilitating financially troubled business entities and then selling them for profit and that he made the advances to BEI and TELCOR in the ordinary course of that trade or business. Petitioner testified that his intention was to sell the BEI subsidiaries once they became profitable. However, petitioner was contradicted by BEI's officers who testified at trial. Two officers identified resale of the subsidiaries as only one possible option and did not view the quick sale of the subsidiaries as BEI's purpose. The officers also considered it to be desirable for BEI to operate the subsidiaries after they became successful. The bylaws of BEI did not specify that the corporate purpose was to acquire struggling companies and rehabilitate them for a quick sale at a profit. The BEI subsidiaries do not themselves provide tangible evidence that petitioner indirectly held the subsidiaries as his inventory rather than as investments. None of those unprofitable subsidiary companies improved, and there is no evidence that petitioner intended and/or attempted to sell them. BEI's actions with regard to Kaufman Lumber are inconsistent with the professedPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011