Nathan Boatner - Page 2

                                                - 2 -                                                   

            his wholly owned corporation, James Trading Co., Inc. (James                                
            Trading), during 1991 and 1992; (2) whether petitioner was a                                
            "dealer", "trader", or "investor" with respect to net losses he                             
            sustained from trading securities and/or commodities (securities                            
            transactions) on behalf of James Trading during 1992;2 and (3)                              
            whether respondent is estopped from reclassifying petitioner's                              
            net losses from securities transactions on behalf of James                                  
            Trading in 1992 as capital losses.                                                          
                  All section references are to the Internal Revenue Code in                            
            effect for the year at issue.  All Rule references are to the Tax                           
            Court Rules of Practice and Procedure.                                                      
                                          FINDINGS OF FACT                                              
                  Some of the facts have been stipulated and are so found.                              
            The stipulation of facts and the attached exhibits are                                      
            incorporated herein by this reference.  Petitioner resided in Los                           
            Angeles, California, at the time he filed his petition.                                     
            Petitioner has practiced law in California since 1985.                                      
                  On August 16, 1990, petitioner filed his 1989 individual                              
            Federal income tax return without attaching a Schedule C for his                            

                  2  Respondent contends that petitioner was an investor as                             
            opposed to a dealer, and therefore petitioner's net losses were                             
            capital instead of ordinary.  Petitioner deducted expenses from                             
            his securities transactions on his Schedule C.  In support                                  
            thereof, petitioner argues that he was in a trade or business.                              
            Although petitioner fails to address directly the dealer/trader                             
            distinction, we assume that his trade or business argument was                              
            intended to encompass an argument for trader classification if we                           
            conclude that he was not a dealer.                                                          




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011