- 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
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