- 22 - See Fincher v. Commissioner, 105 T.C. 126, 136 (1995). A nonbusiness bad debt is deductible as a short-term capital loss, while a business debt is deductible as an ordinary loss. See sec. 166. Petitioners contend that, from 1978 until 1984, petitioner was engaged in the trade or business of promoting business ventures in the health care industry. Respondent argues that petitioner’s dominant motive for acquiring and guaranteeing loans for The Chamberlin Corp. was for investment purposes and that the activities of petitioner with regard to his promotion of business ventures do not rise to the level of a trade or business. In order to be engaged in carrying on a trade or business, the taxpayer must be involved in the activity with continuity and regularity, and the taxpayer’s primary purpose for engaging in the activity must be for income or profit. See Commissioner v. Groetzinger, 480 U.S. 23, 35 (1987). Activities that are sporadic do not qualify as a trade or business. See Polakis v. Commissioner, 91 T.C. 660, 670-672 (1988). The management of one’s own investments is not considered a trade or business no matter how extensive or substantial the investment activities might be. See King v. Commissioner, 89 T.C. 445, 458 (1987). Resolution of this issue requires an examination of the facts of each case. See Commissioner v. Groetzinger, supra at 36.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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