Opinion 95-74

June 5, 1995

Hon.

Dear Judge:

         In response to your letter of April 20, 1995, it is the position of the Committee, determined at its meeting of April 27,1995, that if you are engaged in a continuing activity of buying and selling carpets, although personally you may regard the activity as a hobby, that activity, in fact, constitutes a business and is not permissible.

         If, however, you wish to have a substantially onetime liquidation of your carpets, that is permissible. It is preferable that such a liquidation be done by consignment to an auction house or dealer.

Very truly yours,

Thomas P. Flaherty

On behalf of the

Advisory Committee

cc: Hon. Samuel J. Silverman