From: Sonny Heath (sonny@defuniak.com)
Date: Thu Dec 29 2005 - 15:52:42 PST
Thats a good one TJ, More notes for my folder.
Sonny
----- Original Message -----
> When does a hobby stop being a hobby and start being commerce? What makes
From: <timothy.smith1@att.net>
To: "Military Vehicles Mailing List" <mil-veh@mil-veh.org>
Sent: Thursday, December 29, 2005 5:20 PM
Subject: [MV] Onion, or parfait?
> commerce, commerce?
>
> Bubba loves military vehicles. He owns an M35. He loves militaria. He
> loves surplus. He's got minatures of military vehicles on every
> horizontal surface in his house (that he won't let his grandkids touch),
> he's got model airplanes hanging from the ceilings and military recruiting
> posters on the walls. His toilet seat has a fuzzy cammo cover on it.
> He's even got jammies with little army trucks on them. It's his hobby.
>
> Bubba spends a lot of money on his hobby. Then one day, Bubba discovered
> GL was selling a lot-purchase of items that included a rare left-handed
> frim-fram device that he needed for his M35. Bubba realized that if he
> could buy the whole Magilla and sell off the crap he could probably get
> the left-handed frim-fram device for nothing. In short, if he did the
> deal, he would realize a "profit" of one left-handed frim-fram device.
>
> Bubba drives his M35 to GL and picks up his purchases. Is he in commerce?
>
> No. Bubba's purchase was primarily in pursuit of his hobby. His only
> INTENT when he made the purchase was to get the left-handed frim-fram
> device. He would not have bought the lot-purchase if it had not contained
> the one item he wanted, therefore profit was not a primary goal. Any
> profit he might realize when he sells off the unwanted items is only
> incidental.
>
> But while he's there, Bubba realizes there's a WHOLE PALLET of rare
> left-handed frim-fram devices. Bubba realizes it's the mother lode and
> later manages to buy them with the intent of putting an ad in MV Magazine
> in order to sell them. He drives his M35 to GL and picks up his purchase.
> He hasn't sold a single left-handed frim-fram device yet. Is he in
> commerce?
>
> Yes. Bubba's purchase can be described as a fixed and persistant INTENT
> to realize a profit, even if it's a one-time deal and even if he hasn't
> made any profit yet.
>
> In short, if the behavior is conducted primarily for any person to realize
> a profit; it's a commercial enterprise.
>
> An onion has layers. Parfait has layers. But an onion isn't parfait.
> TJ
>
>
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