Thomas K. and Billie J. Scallen - Page 26




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          Nevertheless, we should point out that our holding in this                  
          respect should not be read to suggest that petitioner’s failure             
          to report a trade or business on Schedule C for the prior years             
          is irrelevant.  In that regard, a taxpayer’s listing of his                 
          occupation as an “executive” on his tax returns and his failure             
          to file a Schedule C in connection with a purported trade or                
          business are factors that indicate that the taxpayer is not in              
          the trade or business of lending money.  Estate of Bounds v.                
          Commissioner, T.C. Memo. 1983-526.  Thus, although petitioner’s             
          failure to report a trade or business on Schedule C in the prior            
          years is not conclusive, we weigh this factor with other factors            
          in determining whether petitioner was in the trade or business of           
          making loans and guaranties.20   After considering the loans and            
          guaranties for the prior years and for the years at issue, we               
          cannot conclude that petitioner was engaged in any such trade or            
          business.                                                                   




               20Respondent also alleges that petitioner’s activities prior           
          to 1990 are irrelevant in that they “have no apparent factual               
          nexus with his activities in the years at issue and are not                 
          probative” whether he was engaged in a trade or business in 1990.           
          We cannot agree.  Each of the activities in this case involved              
          loans and guaranties made to, or made with respect to, a company            
          in which petitioner held an interest.  Moreover, we cannot agree            
          that a “factual nexus” is required amongst the individual                   
          transactions that together establish a trade or business.                   
          Indeed, as petitioner points out:  “The more extensive the loans,           
          more numerous borrowers and longer time interval when loans are             
          made, the stronger the argument for a trade or business.”                   





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