- 28 - Douglas v. Commissioner, 86 T.C. at 763; cf. Perry v. Commissioner, T.C. Memo. 1992-258. Mrs. Kelly conceded that the options trading losses reported on the joint returns were real. She contended, however, that the deductions were "phony" because they were based on "outright deception, followed by obfuscation": That in support of the deductions for 1986 and 1987, on Schedule C Mr. Kelly fraudulently represented that he was an options dealer, and that in support of the deductions for 1989 and 1990, he deliberately omitted to report the nature of his business on Schedule C in order not to jeopardize the deductions. There are a number of serious weaknesses in this argument. First, the argument applies only to the first 4 of the years at issue. There is no suggestion of deliberate misrepresentation in the reporting of Mr. Kelly's losses for 1991 and 1992. Second, the argument fails to take account of the fact that on the joint returns for the 3 years preceding the first year in which Mr. Kelly adopted ordinary treatment for his options trading losses, he consistently reported his business as "dealer". Yet he did not use this status to claim any tax benefits for these years. The inference that for 1986 and 1987 he misrepresented the nature of his business with fraudulent intent is therefore not compelling.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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