Education Athletic Association, Inc. - Page 8




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          precisely defined in the Internal Revenue Code or the regulations           
          promulgated thereunder; however, it is well established that in             
          order for an activity to be considered a taxpayer's trade or                
          business for purposes of section 162, the activity must be                  
          conducted "with continuity and regularity" and "the taxpayer's              
          primary purpose for engaging in the activity must be for income             
          or profit."  Commissioner v. Groetzinger, 480 U.S. 23, 35,                  
          (1987).  When a corporate taxpayer is involved, "the                        
          determinative factor in resolving the trade or business issue is            
          whether the activity was engaged in with the intent to earn a               
          profit."  Professional Ins. Agents v. Commissioner, 78 T.C. 246,            
          262 (1982).                                                                 
               In this case, petitioner's sole source of income was derived           
          from the sale of pickle cards.  Petitioner needed to make a                 
          profit from the pickle card sales in order to fund operations.              
          Furthermore, petitioner's gross receipts from its pickle card               
          sales for 1993, 1994, and 1995 were $70,251, $57,944, and                   
          $26,675, respectively.  To produce these revenues, petitioner               
          must have conducted the pickle card sales with continuity and               
          regularity.  Therefore, we hold that petitioner was engaged in a            
          trade or business of selling pickle cards and regularly carried             
          on such sales.                                                              
               Petitioner argues that its sale of pickle cards is not an              
          unrelated trade or business because, under Nebraska law, only               
          exempt organizations may sell pickle cards, and therefore                   
          petitioner does not compete with for-profit entities.                       

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