Thomas F. and Toyia A. Noons - Page 12




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          1993, petitioner was regularly and continuously engaged in a trade          
          or business involving the sale of promissory notes.                         
               Petitioners maintain that (1) during 1993 petitioner was               
          engaged in the trade or business of acquiring and selling                   
          underperforming promissory notes, and (2) the legal fees incurred           
          were proximately related to petitioner’s trade or business                  
          activities.  Respondent does not challenge petitioners’ contention          
          that the legal fees were related to the acquisition of the Forum            
          303 note.  Rather, respondent disagrees with the assertion that             
          petitioner was engaged in the trade or business of acquiring                
          promissory notes.  In this regard, respondent alternatively                 
          contends:  (1) Petitioner’s acquisition of the Forum 303 note was           
          an isolated investment transaction that does not rise to the level          
          of a trade or business; or (2) petitioner was acting within the             
          scope of his employment with AMI when he pursued the acquisition of         
          the Forum 303 note.  Under either position, respondent posits               
          petitioners’ legal fees would not be deductible under section               
          162(a).  For the reasons that follow, we agree with respondent that         
          petitioner’s legal fees are not Schedule C business deductions.             
               In our opinion, petitioner was not in the trade or business of         
          acquiring and selling real estate promissory notes.  He did not             
          regularly or continuously enter into the purchase and sale of these         
          types of promissory notes.  Although we are mindful that on several         
          occasions between 1986 and 1988 petitioner attempted to acquire             






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