Thomas K. and Billie J. Scallen - Page 27




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               Petitioner did not advertise for customers in the course of            
          his lending and financing activities.  There is no evidence of              
          record that he held a reputation in the community as a lender or            
          as a guarantor.  As part of his lending and financing activities,           
          petitioner lent money only to companies in which he held an                 
          interest.  He guaranteed loans only with respect to those same              
          companies.  Petitioner points to no loans or guaranties involving           
          unrelated parties or parties with whom he had no direct                     
          involvement as an investor.21  Petitioner did not actively pursue           
          loan or guaranty opportunities with respect to either the general           
          public or within his community of companies.  Petitioner made               
          loans or guaranties when the need arose with respect to one of              
          his companies.  Petitioner devoted most of his time to IBC and              
          his other activities.  He has not shown that he devoted any                 
          significant time to WMG, and he was not paid for any of his                 
          services thereto.  The record does show a long history (from the            
          1960s to the 1990s) of loans and guaranties petitioner made to              
          companies in which he held an interest.  However, that history is           
          broken and sporadic, and it certainly is by no means continuous.            
          See United States v. Henderson, 375 F.2d at 41.                             




               21Lending activities confined to corporations in which the             
          taxpayer has an interest, generally, do not give rise to a trade            
          or business of making loans.  Putoma Corp. v. Commissioner, 66              
          T.C. 652, 674 n.33 (1976), affd. 601 F.2d 734 (5th Cir. 1979).              





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