- 32 - construction business or (2) used in a trade or business, excludable, in either case, from capital asset status under what, respectively, are now paragraphs (1) and (2) of section 1221(a). The Court of Appeals for the Fifth Circuit found that (1) the taxpayer’s activities in financing and acting as builder, developer, and general contractor for the construction of the plant between 1968 and 1970, when the building was sold, constituted “an isolated, non-recurring venture”, which did not constitute a trade or business, and (2) the property sold was intended for use by the corporation in its manufacturing business, not by the taxpayer in his business of being a corporate executive. Reese v. Commissioner, 615 F.2d at 231. Therefore, the Court of Appeals held that the property was not excluded from the definition of a capital asset as either property held for sale to customers in the ordinary course of business or as property used in the taxpayer’s trade or business. Id. In support of his argument that Dover UK’s deemed holding of the H&C operating assets “for only a moment before the sale” did not transform those assets into assets used in Dover UK’s business, respondent relies on the conclusion of the Court of Appeals in Reese that an “isolated, non-recurring venture” cannot amount to the conduct of a trade or business. The facts before the Court of Appeals, and the question it answered, however, arePage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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