Clifford L. Brody and Barbara J. Declerk - Page 17

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          involving the conduct of a trade or business in which the                   
          taxpayer does not materially participate.  Sec.                             
          163(d)(5)(A)(ii)(II).                                                       
               In the present case, petitioners are not entitled to deduct            
          the $5,016 in interest.  Petitioner Brody is in the trade or                
          business of being an employee of KOA and not of lending money.              
          Accordingly, the interest paid by petitioners on the loan from              
          Franklin National Bank constitutes personal interest and,                   
          consonant with section 163(h)(2)(A), may not be deducted by                 
          petitioners.  Nor may petitioners deduct the interest paid as               
          investment interest under section 163(d), because petitioners               
          materially participated in KOA.                                             
               We sustain respondent’s determination that petitioners are             
          not entitled to the claimed deductions on his Schedule C.                   
          Loss Under Section 1244                                                     
               An individual taxpayer may claim a limited ordinary loss               
          deduction for a loss sustained on the sale, exchange, or                    
          worthlessness of section 1244 stock.  Sec. 1244(a).  Respondent             
          contends that petitioners’ stock in KOA did not constitute                  
          section 1244 stock because, among other things, KOA did not                 
          satisfy the “gross receipts” test under section 1244(c)(1)(C).              
          We need not address respondent’s contention because the record              
          does not indicate any loss was sustained in 1999 regarding stock            
          of KOA.  Petitioners did not file a Form 4797, Sales of Business            






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