Alan M. Resser and Melinda B. Resser - Page 19

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               In Resser I, we held that Mr. Resser's "insubstantial and              
          infrequent" personal trading activity in account QRF was not                
          conducted with the regularity or continuity necessary for the               
          activity to be considered a trade or business.  Mr. Resser's                
          segregation of his personal trades into a separate account, the             
          methodical closing out of loss legs and the holding open of                 
          unrealized gain legs, his trading of TDY options in account QRF             
          on only 6 days of the year, the establishment of only 9 TDY                 
          option spreads on those 6 days, and his need to shelter                     
          substantial earned wages and other income also persuaded the                
          Court that Mr. Resser was not motivated primarily by profit when            
          he entered the transactions, but motivated solely by tax                    
          considerations.  Thus, as our opinion in Resser I makes clear,              
          deduction of Mr. Resser's account QRF losses was prohibited by              
          section 165(c)(1) and (2).  Moreover, the courts have                       
          consistently held that a transaction entered into solely for                
          favorable tax consequences, having no commercial, legal, or                 
          profit objective, will not be given effect for Federal income tax           
          purposes.  See, e.g., Frank Lyon Co. v. United States, 435 U.S.             
          561 (1978); Knetsch v. United States, 364 U.S. 361 (1960); Yosha            
          v. Commissioner, supra; Rice's Toyota World, Inc. v.                        
          Commissioner, 752 F.2d 89 (4th Cir. 1985), affg. in part and                
          revg. in part 81 T.C. 184 (1983); Patin v. Commissioner, 88 T.C.            
          1086 (1987), affd. without published opinion 865 F.2d 1264 (5th             






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