- 6 - taxpayer carries on an activity continually and regularly with the intent of making a profit, he is engaged in a trade or business for tax purposes, and losses from the activity are deductible without limitation. He wondered whether Groetzinger affected the deductibility of the losses he incurred in his voluminous options trading. Mr. Kelly brought the case to the attention of Yale Auerbach (Auerbach), a certified public accountant who had regularly prepared his tax returns since the early 1950's. Auerbach read Groetzinger and told Mr. Kelly that it did not apply to his options trading; in the absence of authority to operate his own brokerage business, he would continue to be a trader for tax purposes, and must treat his losses as capital. Mr. Kelly informed Auerbach that he was a registered options principal, which meant that he was "registered to deal in options". Auerbach was unfamiliar with the nature of this position, but on further questioning, Mr. Kelly satisfied him that as a registered options principal he was qualified to establish his own office and "deal as any other broker does". Auerbach advised Mr. Kelly that under those circumstances he could adopt the position that he was engaged in a business and that the trading losses were ordinary. Subsequently, Mr. Kelly also consulted Carroll Baymiller (Baymiller), the attorney who had represented the taxpayer in Groetzinger. The record does notPage: 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