David Rothner and Nancy J. Rothner - Page 2

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          Respondent also determined a deficiency of $97,892 in, and a                
          penalty of $19,578 pursuant to section 6662(a) on, petitioners'             
          1991 Federal income tax.  Unless otherwise noted, all section               
          references are to the Internal Revenue Code in effect for the               
          years in issue, and all Rule references are to the Tax Court                
          Rules of Practice and Procedure.                                            
               After concessions, the sole issue to be decided is whether             
          petitioner may deduct, as an ordinary and necessary business                
          expense, a $75,000 fine paid during 1989 to the Chicago                     
          Mercantile Exchange (CME) in settlement of a disciplinary                   
          proceeding brought against him by the CME.                                  
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated for trial pursuant to           
          Rule 91.  The parties' stipulations of fact are incorporated                
          herein by reference and are found as facts in the instant case.             
               At the time they filed the petition in the instant case,               
          petitioners resided in Wilmette, Illinois.  During relevant                 
          periods, petitioner used the cash method of accounting.                     
               Since 1984 and at all times relevant to the instant case,              
          petitioner was a member of the CME.  Petitioner conducted two               
          separate trades or businesses as a member of the CME, acting as a           
          floor broker executing trades in Eurodollar futures contracts (an           
          interest-rate sensitive futures contract) for the accounts of               
          other persons and trading certain types of futures contracts for            
          his own account.  Petitioner conducted his business as a floor              




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