James P. Shea and Patricia H. Shea - Page 17




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               return to the taxpayer, though substantially the                       
               product of his services, legally arises not from his                   
               own trade or business but from that of the corporation.                
               * * *  [Id. at 202.]                                                   
          See also Burnet v. Clark, 287 U.S. 410 (1932); Dalton v. Bowers,            
          287 U.S. 404 (1932); Weigman v. Commissioner, supra.                        
               In this case, James’ transfer of $650,000 to Quotum provided           
          the necessary capital for Quotum to embark on what, with                    
          hindsight, now appears to have been an ill-advised quest for                
          Russian airplanes.  It was, however, a corporate quest in which             
          James was only one of several participants.  James’ involvement             
          in the plan was as an officer and investor.  His investment of              
          $650,000 is not deductible by him as an expense of a trade or               
          business of his own under section 162.                                      
               Christopher has an even weaker position regarding the                  
          deductibility of his Schedule C loss.  He simply gave $150,000 to           
          his brother.  His brother was supposed to invest it in the plan             
          on Christopher’s behalf.  If the plan worked and a viable                   
          business resulted, Christopher thought that he might get involved           
          in operations and that his investment would generate a profit.              
          These facts simply do not establish that Christopher was in a               
          trade or business for purposes of section 162, nor do they                  
          establish that his investment of $150,000 is deductible as “cost            
          of goods sold” as claimed on his 1992 Federal income tax return.            








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