From: timothy.smith1@att.net
Date: Thu Dec 29 2005 - 15:20:58 PST
When does a hobby stop being a hobby and start being commerce? What makes 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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