- 14 - principal. It follows that his status as a registered options principal, whatever that entails, has no bearing on our disposition of these cases. Because Mr. Kelly was not an options dealer with respect to the transactions in which his losses arose, the character of the stock options depends on the character that the underlying stock would have had in his hands. Sec. 1234(a). Mr. Kelly does not argue that he was a dealer in stock, and the record affords no basis for that conclusion. Therefore the options that Mr. Kelly traded were capital assets, and the net losses he realized in these transactions were capital losses. 2. Treatment of Commissions Earned and Paid On their tax returns for the years at issue, petitioners apparently treated commissions paid to Mr. Kelly by his employer on account of his options trades as ordinary income, and treated commissions paid by Mr. Kelly to his employer in connection with these trades either as part of the cost basis of the options or as an adjustment to the gain or loss realized. In these proceedings petitioners take the position that if they are not entitled to deduct Mr. Kelly's options trading losses in full as ordinary losses, then an "absurd" inconsistency arises between the treatment of the commissions Mr. Kelly earned and paid on the same transactions. Either the earned commissions should be treated as a rebate that reduced his costs to acquire and sellPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011