- 4 - Mr. Kelly has been a stockbroker for approximately 45 years. During the years at issue, he was employed full time by Shearson Lehman as office manager of its branch in Bay Shore, New York. Beginning in 1983, he also devoted considerable time to stock option trading for his own account. These trading activities and the market research that informed them would occupy at least 50 percent of a typical workday during this period. The annual volume of his option trades appears to have fluctuated between about 450 and 900 during the years at issue. Mr. Kelly was not a floor trader; he purchased options through a Shearson Lehman broker who had a direct wire to the floor of the exchanges. The amount of time he held the options varied from a few hours to a few weeks. The parties have stipulated that he did not hold any property as inventory or primarily for sale to customers in the ordinary course of his trade or business, did not sell to customers of his own, and performed no merchandising function with respect to his options transactions. Mr. Kelly paid commission fees to Shearson Lehman in connection with the purchases and sales of options for his own account. As an employee, he received a 30-percent discount relative to the amount of commissions that a member of the public would pay. He also earned and received commissions as an employee in connection with his option trades. The commissionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011