- 24 - his own services rather than indirectly through the corporate enterprise * * *. Id. at 202-203. This Court has interpreted this language to mean that, in order for a taxpayer to be engaged in a trade or business of promoting business ventures, he must undertake such activity for compensation other than a normal investor’s return. Such compensation must be in the form of a fee or commission or from the sale of the corporation for a profit in the ordinary course of business. See Deely v. Commissioner, 73 T.C. 1081, 1093 (1980), supplemented by T.C. Memo. 1981-229. Buying and selling businesses for profit can constitute a trade or business if the taxpayer shows that the entities were organized or acquired with the intent to make a quick and profitable sale after each business has become established, rather than with a view toward long-range investment gains. See Id. In Farrar v. Commissioner, T.C. Memo. 1988-385, this Court found that a taxpayer was engaged in the trade or business of promoting business ventures. The taxpayer in Farrar bought and sold over 31 businesses, acquiring each one with the intent to bring in his own management staff, rebuild the company, and then sell it once the business became viable. Of the three businesses involved for which the taxpayer was claiming losses, the taxpayer had a plan aimed at earning a profit through the sale of the business.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011