- 6 - employment tax provisions, the term “trade or business” generally has the same meaning as used in section 162. Sec. 1402(c). The Supreme Court in Commissioner v. Groetzinger, 480 U.S. 23, 35 (1987), defined a “trade or business” as a regular and continual activity engaged in with the purpose of earning income or profit. It is often difficult to distinguish between a passive investment and a trade or business. Although passive ownership of rental property does not constitute a trade or business, active management of rental property does constitute a trade or business. McCoach v. Minehill & Schuylkill Haven R.R. Co., 228 U.S. 295, 303 (1913); Drobny v. Commissioner, 86 T.C. 1326, 1343 (1986), affd. 113 F.3d 670 (7th Cir. 1997); Neill v. Commissioner, 46 B.T.A. 197, 198 (1942). Petitioners argue that Lucky was merely a passive owner of the Keno lottery equipment, that Lucky leased the Keno lottery equipment to the site organizations, and that Lucky played no part in the management and operation of the actual Keno lotteries at the lottery sites. We disagree. Petitioners oversimplify the role of Lucky in the Keno lotteries. The lotteries occurred primarily because of the contracts Lucky entered into with the various municipalities under which Lucky was to conduct and operate the lotteries. ThePage: Previous 1 2 3 4 5 6 7 Next
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