- 33 - distinguishable from the facts and question before us. In Reese, the Court of Appeals was asked to conclude (and did conclude) that the taxpayer’s venture into real property construction never amounted to the conduct of a trade or business. Here, on the deemed liquidation of H&C, Dover UK is deemed to have received the assets of what undeniably was an ongoing business. The question is whether that business was ever conducted by Dover UK. Reese does not answer that question.13 b. Ouderkirk v. Commissioner and Azar Nut Co. v. Commissioner Ouderkirk v. Commissioner, T.C. Memo. 1977-120, involved an individual who, in connection with the liquidation of a corporation, received 7,700 acres of cut-over timberland and an obsolete and inefficient sawmill, both of which the taxpayer contributed to a partnership owned by him and his wife. After refurbishment, the sawmill was placed in operation. Over an 11- year period, approximately 80 percent of the timber processed by the sawmill was acquired from sources outside the 7,700 acres of timberland owned by the partnership. At the end of that period, the partnership sold the sawmill at a loss (which it reported, 13 The position of the Court of Appeals for the Fifth Circuit in Reese v. Commissioner, 615 F.2d 226 (5th Cir. 1980), affg. T.C. Memo. 1976-275, that a single nonrecurring venture ordinarily will not be considered a trade or business, has been referred to as the “one-bite” rule, a rule that has been specifically rejected by this Court. See Cottle v. Commissioner, 89 T.C. 467, 488 (1987); Morley v. Commissioner, 87 T.C. 1206, 1211 (1986); S&H, Inc. v. Commissioner, 78 T.C. 234, 244 (1982).Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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