Theodore A. Andros and Joan B. Andros - Page 56

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         Illingworth was involved with other partnerships that realized tax           
         losses in all years for which their results are in evidence.  The            
         partnerships had similar trading patterns to Tandrill.  This is              
         another indication that Mr. Illingworth’s “expertise” as a trader            
         lay in his ability to produce tax losses for his partners.                   
         Conclusion                                                                   
              We conclude that Tandrill did not enter into the options and            
         futures transactions with a primary profit motive.  Thus, respondent         
         properly disallowed petitioners’ allocable share of Tandrill’s 1979          
         and 1980 losses under section 165(c)(2).                                     
         Issue 2.  Section 6653(a) Additions to Tax                                   
              The second issue is whether petitioners are liable for                  
         additions to tax for negligence or intentional disregard of rules            
         or regulations for 1976 and 1980.  For these years, respondent has           
         the burden of proving petitioners’ negligence or disregard of rules          
         and regulations because it is a new matter raised in respondent’s            
         amended answer.  Rule 142(a).                                                




              45(...continued)                                                        
          activities is unclear.  As president of Manhattan Metals, he had            
          ultimate responsibility for Tandrill’s trading.  However, the               
          extent to which Mr. Illingworth personally determined which                 
          trades Tandrill should make, what trading strategies Tandrill               
          should adopt, or the degree of his oversight is uncertain.  For             
          example, he apparently delegated all responsibility for the                 
          options trading to Messrs. Willensky and Sherman of Wilcap                  
          Advisors, and for the futures trading to Mr. Weiss, a Manhattan             
          Metals employee.  And Mr. Illingworth testified that Mr. Weiss              
          did not discuss his trades with Mr. Illingworth.                            




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