- 5 - taxpayer must show that during the hiatus he intended to resume the same trade or business. Gallo v. Commissioner, T.C. Memo. 1998-100. Petitioner testified that upon his retirement he intended to resume his insurance business as soon as he could. When questioned as to his state of mind after the sixth, seventh or eighth year of retirement, petitioner replied that he was still too ill to return to work but was "hopeful" that he could return eventually. In reply to the question as to his state of mind after the 10th or 11th year of retirement, petitioner testified that he still held out "hope", but he admitted that he "was wondering about it". The cases apply the hiatus principle to "temporary" cessations of business. When, however, the cessation is prolonged, with no continuing connection with the trade or business or intent to actively carry on the trade or business, the taxpayer is not "carrying on" his trade or business while on "hiatus". See Estate of Rockefeller v. Commissioner, 762 F.2d 264, 270-271 (2d Cir. 1985), affg. 83 T.C. 368 (1984); Canter v. United States, 173 Ct. Cl. 723, 354 F.2d 352 (1965) (4 years is not "temporary"); Corbett v. Commissioner, 55 T.C. 884 (1971). The Court finds petitioner to have been an exceptionally conscientious insurance agent and genuinely loyal to his former clients. But that does not mean that he was "carrying on" aPage: Previous 1 2 3 4 5 6 7 Next
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