William J. Fleischaker and Donni L. Fleischaker - Page 24




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          to a quick and profitable sale after each business had become                
          established, rather than with a view to long-range investment                
          gains.”  Id. at 1093 (citing Giblin v. Commissioner, 227 F.2d 692            
          (5th Cir. 1955)).                                                            
               In Deely, we found that the taxpayer was not in the trade or            
          business of developing and promoting businesses.  In Deely, the              
          taxpayer quickly abandoned or sold 11 unprofitable companies.  Of            
          16 profitable companies, he held 7 for more than 13 years, and an            
          additional 6 entities sold for profit were held from 17 to 39                
          years.  See id. at 1094.                                                     
               In Farrar v. Commissioner, T.C. Memo. 1988-385, we found                
          that the taxpayer was in the trade or business of developing and             
          promoting businesses.  In the Farrar case, the taxpayer bought               
          and sold at least 31 banks and insurance companies, as well as               
          other businesses and income-producing real estate.  He trained               
          local managers and contemplated selling the businesses to the                
          local managers as the businesses became viable.  For each of the             
          three businesses involved in the Farrar case, the taxpayer had a             
          plan aimed at earning a profit through the sale of the business;             
          he did not acquire or hold the businesses as long-term                       
          investments.                                                                 
               In this case, petitioner was not working for a fee or                   
          commission and did not organize Adult Living Centers with a view             
          to a quick and profitable sale after the business of the                     






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