- 27 - 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).Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011