CMA Consolidated, Inc. & Subsidiaries, Inc. - Page 19

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          loss upon the disposition of their stock or upon its becoming               
          worthless even though they were not securities dealers.  See,               
          e.g., Irwin v. United States, 558 F.2d 249, 252 (5th Cir. 1977)             
          (holding that for a taxpayer to be entitled to an ordinary                  
          deduction upon his stock’s becoming worthless, the taxpayer was             
          required to show (1) the purchase of that stock was necessary for           
          the taxpayer’s business, and (2) his motive for the purchase was            
          to promote his business purpose and investment was not a                    
          predominant motive); W.W. Windle Co. v. Commissioner, 65 T.C.               
          694, 713 (1976) (holding that where a substantial investment                
          motive exists in a predominantly business-motivated acquisition             
          of corporate stock, the stock is a capital asset).  Petitioner              
          asserts that it made the advances in controversy to protect or              
          promote its own business.                                                   
               The cases petitioner relies on, however, predate the Supreme           
          Court’s holding in Ark. Best Corp. v. Commissioner, 485 U.S. 212            
          (1988).  These pre-Ark. Best Corp. cases were decided under a               
          doctrine that had evolved from the case of Corn Prods. Refining             
          Co. v. United States, 350 U.S. 46 (1955), in which the Supreme              
          Court recognized a nonstatutory exception to the definition of              
          capital asset.  In that case the exception concerned whether                
          certain futures contracts that were acquired and held for a                 
          business purpose qualified for ordinary loss as a noncapital                
          asset.                                                                      






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