- 24 - 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 thePage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011