Joseph F. and Dorothy M. German - Page 6




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               Relying on Commissioner v. Groetzinger, 480 U.S. 23 (1987),             
          petitioners argue that petitioner was in the trade or business of            
          making loans because he made loans to Aaland on a regular basis              
          and his primary purpose was to make money.  In Groetzinger, the              
          Supreme Court held that a gambler who spent 6 days a week at a               
          race track for 48 weeks a year, and 60 to 80 hours a week on                 
          gambling-related activities, such as studying racing forms and               
          programs, to the exclusion of all other employment, was engaged              
          in the trade or business of gambling.                                        
               Petitioner's occasional advances to Aaland, though occurring            
          over a long period of time, are not comparable to the full-time              
          gambling activity described in Commissioner v. Groetzinger,                  
          supra.  When he first made the advances to Aaland and until he               
          retired some years later, petitioner made his living as a farmer.            
          Petitioner does not contend that he ever had any money-lending               
          activities apart from his dealings with Aaland and the                       
          corporations.                                                                
               Moreover, the circumstances of petitioner’s alleged money-              
          lending activities do not bespeak a business.  Although prior                
          advances to Aaland remained undischarged, petitioner continued               
          for years to make additional advances to him and his ventures                
          exclusively.  During this same period, petitioner borrowed                   
          significant sums from Aaland, rather than trying to collect the              
          amounts Aaland owed him.  The record is devoid of evidence that              
          petitioner ever took any action, apart from entering into debt               



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