- 23 - In this case, although petitioner devoted time and energy to the affairs of Adult Living Centers, Whipple confirms that such efforts of the taxpayer do not constitute a trade or business of the taxpayer when there is no intention of developing the corporation as a going business for sale in the ordinary course. Although a taxpayer’s activities on behalf of the corporation in which he owns stock may create income or gain, the income or gain is more closely related to the successful operation of the corporation’s business than that of the taxpayer. See id. A taxpayer who actively engages in serving his own corporation for the purpose of creating future income through the corporation is not in a trade or business. See id. at 202. Petitioner’s activities in this case are qualitatively different from those of a taxpayer who develops and sells businesses for profit. Developing and selling businesses for profit is a trade or business. However, the separate trade or business of promoting businesses “must be conducted for a fee or commission or with the immediate purpose of selling the corporations at a profit in the ordinary course of that business.” Deely v. Commissioner, 73 T.C. 1081, 1093 (1980). Buying and selling businesses for profit may constitute a trade or business even though a promoter does not receive a fee, commission, or other “noninvestor” compensation. The promoter, however, “must show that the entities were organized with a viewPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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