Melvyn L. Bell - Page 17

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          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 professed           


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