Garrison, et ux. v. Comr., T.C. Memo. 2010-261

 (taxpayer was mortgage banker that purchased and re-sold foreclosed properties (classic fix and flip transactions with expenses for two of the three years at issue reported on Form 4797) resulting in substantial gain that taxpayer claimed was either capital gain or royalty income; income determined to be ordinary in nature, and taxpayer engaged in trade or business such that income on sales subject to self-employment tax).