CAMPBELL v. C.I.R.

No. 87-1892.

868 F.2d 833 (1989)

Donald R. CAMPBELL and Patricia A. Campbell, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 23, 1989.

As Modified on Grant of Rehearing May 24, 1989.

Rehearing Denied August 24, 1989.


Attorney(s) appearing for the Case

John P. Konvalinka (argued), Grant, Konvalinka & Grubbs, P.C., Mary Elizabeth McCroskey, Chattanooga, Tenn., for petitioners-appellants.

William F. Nelson, Chief Counsel, IRS, Gary R. Allen, Chief, Appellate Section, Acting Asst. Atty. Gen., Tax Div., Dept. of Justice, Jonathan S. Cohen, John J. Boyle (argued), Washington, D.C., for respondent-appellee.

Before MERRITT and RYAN, Circuit Judges; and POTTER, District Judge.


MERRITT, Circuit Judge.

The primary issue in this tax case is whether a partnership, which buys an airplane and leases it to a corporation controlled by the partners, for the purpose of generating a profit in the corporation, is engaged in an activity for profit under § 183 of the Internal Revenue Code, 26 U.S.C. § 183 (1988).1 Here, the shareholders of the corporation were substantially...

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