- 5 - payments that he received represented compensation for bringing business to his employer. Since 1979 Mr. Kelly has been registered with the Chicago Board of Options Exchange and the National Association of Securities Dealers, Inc. (NASD), as an "options principal". In this capacity he was authorized to approve customer accounts for options trading and oversee compliance with the rules of NASD and other rules concerning options transactions within the brokerage office. Mr. Kelly did not need to be a registered options principal in order to engage in any of his options trades; any Shearson Lehman customer satisfying certain financial and other criteria was qualified to trade options. On their Forms 1040 for earlier taxable years not in issue, 1983 through 1985, petitioners reported Mr. Kelly's occupation as "stockbroker-dlr". The Schedule C filed with their return for 1983 describes his main business activity as "dealer in options". Nevertheless, for each of these years petitioners treated Mr. Kelly's net loss from options trading as a capital loss and reported it on Schedule D. In February 1987, before the preparation of his tax return for 1986, Mr. Kelly read newspaper articles discussing the then recent decision of the U.S. Supreme Court in Commissioner v. Groetzinger, 480 U.S. 23 (1987). On the basis of these articles, he understood the case to stand for the proposition that where aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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