Edward S. Cullin - Page 8

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                $101,938.26 in 1989 and losses of $54,529.65 in 1990.                                    
                Petitioner treated the losses as ordinary and deducted                                   
                them on a Schedule C, Profit or Loss from Business,                                      
                filed with his return for each year.  Each Schedule C                                    
                identifies petitioner's business as "Commodity Trading                                   
                Advisor/Publishing."  The gross receipts reported on each                                
                Schedule C consist entirely of the receipts from the sale                                
                of petitioner's manuscript for his commodity trading                                     
                system.  Petitioner labeled the deductions as "Research and                              
                Experimentation to Improve Trading System Formula For                                    
                Sale."                                                                                   
                     Respondent disallowed the deductions on the ground                                 
                that petitioner had not established that the amounts were                                
                ordinary and necessary business expenses.  Respondent                                    
                determined that "the commodities futures transactions                                    
                constitute capital assets and are includible as capital                                  
                gains and losses on Schedule D."  Respondent allowed                                     
                petitioner to deduct the losses under section 165(a) but                                 
                treated them as losses from sales or exchanges of capital                                
                assets which are allowable only to the extent allowed in                                 
                sections 1211(b) and 1212.  Accordingly, the principal                                   
                issue for decision in this case is whether the losses                                    
                realized by petitioner from his trading of commodity                                     
                futures are losses from sales or exchanges of capital                                    
                assets.  In passing, we note that petitioner does not claim                              




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