- 25 - corporation had become established. Petitioner guaranteed Adult Living Centers' loans so that the corporation could build its facilities and cover operating expenses. He intended to profit from his long-term stock ownership in the corporation. Petitioner hoped to profit from owning multiple nursing home facilities throughout the country using different corporations under his control. Petitioner intended to keep control of the corporations. He did not organize Adult Living Centers or intend to organize other future corporations with a view to a quick and profitable sale after each business had become established. See Millsap v. Commissioner, 46 T.C. 751 (1966), affd. 387 F.2d 420 (8th Cir. 1968); see also Smith v. Commissioner, 62 T.C. 263 (1974); Schwartz v. Commissioner, T.C. Memo. 1964-247; cf. Farrar v. Commissioner, supra. We find that petitioner was not in the trade or business of developing, promoting, and selling businesses. Thus, petitioner may not deduct as a business bad debt the payments attributable to the discharge of his guaranties and may not deduct as ordinary and necessary business expenses the legal fees incurred in defending against enforcement of those guaranties. Issue 2. Whether petitioners are liable for the accuracy-related penalties under section 6662 for 1991 and 1992 Respondent determined that petitioners are liable for accuracy-related penalties under section 6662(a) and (b)(2) forPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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