- 13 - Tybus v. Commissioner, T.C. Memo. 1989-309; Kobernat v. Commissioner, T.C. Memo. 1972-132. Mr. Kelly attempts to distinguish the many cases denying ordinary loss treatment under similar circumstances on the ground that he was a registered options principal. He argues that his stock options fall within the literal terms of section 1221(1): "stock options are a Registered Options Principal's 'stock in trade'. Stock options are what a Registered Options Principal is primarily involved in." Mr. Kelly's figurative use of the statutory language finds no support in the case law interpreting it. Property does not constitute "stock in trade" within the meaning of section 1221(1) unless it is held by the taxpayer primarily for sale to customers. Van Suetendael v. Commissioner, 152 F.2d 654, 654 (2d Cir. 1945), affg. a Memorandum Opinion of this Court; Wood v. Commissioner, 16 T.C. 213, 225-226 (1951). The functional significance of the registered options principal to the operation of the securities market and his relationship to a licensed dealer is not entirely clear from the record. For purposes of characterizing Mr. Kelly's trading losses, however, the only question is whether he was acting in the capacity of a dealer when he engaged in the specific transactions that produced the losses. Laureys v. Commissioner, supra; Kemon v. Commissioner, supra. Mr. Kelly concedes that he did not engage in these transactions in his capacity as a registered optionsPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011