- 17 - 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.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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