- 9 - Respondent determined that the loss is a long-term capital loss and that the interest paid is investment interest. We agree with respondent. Petitioners assert that they are entitled to ordinary loss treatment because petitioner was a coventurer in the Bridgepoint project, and that petitioner was in the trade or business of developing and promoting businesses. Petitioners argue that petitioner's involvement in the Bridgepoint project was pursuant to this trade or business. We have already rejected this argument in our discussion of petitioners' loss regarding Southern Express, and we incorporate our analysis on that issue here.4 Accordingly, we find that the $703,659 loss petitioners sustained with respect to Bridgepoint in 1986 is a capital loss and that $285,142 of interest petitioner paid in 1986 relating to Bridgepoint is investment interest. 4 Although petitioners state on brief that "The Bridgeport [sic] Building transaction was not a direct investment in real property but a specially designed structure of financing for a build to suit office building" and "[Petitioner] entered into the Bridgepoint venture as part of his trade or business of developing and promoting businesses", petitioners also analogize the instant facts to S & H, Inc. v. Commissioner, 78 T.C. 234 (1982). In S & H, Inc. v. Commissioner, supra, the Court held that a transaction was a sale of property in the ordinary course of a taxpayer's trade or business and the gain thereon was taxable as ordinary income rather than capital gain. Petitioner did not own, and therefore did not sell, Bridgepoint. We fail to see any reasonable analogy between the Bridgepoint facts and the facts and holding of S & H, Inc. v. Commissioner, supra.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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