- 26 - 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.”Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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