- 10 - For the purposes of section 1221, dealers must have customers. United States v. Diamond, 788 F.2d 1025, 1029 (4th Cir. 1986). Petitioner argues that Lind-Waldock, Kemper, and Dean Witter were his customers. Petitioner, however, offers no proof for this contention. We find that Lind-Waldock, Kemper, and Dean Witter were not petitioner's customers and that in fact petitioner had no customers. We hold, therefore, that petitioner was not a dealer. Thus, the stocks and commodities petitioner purchased and sold were capital assets in his hands, and the net losses from securities transactions were capital losses. Having determined that petitioner was not a dealer, we must now turn to the question of whether petitioner was engaged in the trade or business of buying or selling stocks. If so, petitioner was a "trader" as opposed to an "investor". Unlike an investor, a trader's expenses are deducted in determining adjusted gross income rather than as itemized expenses. To determine whether a taxpayer who manages his own investments is a trader, we consider, inter alia, the frequency, extent, and regularity of the taxpayer's securities transactions. Moller v. United States, 721 F.2d 810, 813 (Fed. Cir. 1983); Mayer v. Commissioner, T.C. Memo. 1994-209. A taxpayer is a trader engaged in carrying on a trade or business of selling securities only if both of the following are true: (1) The taxpayer's trading activity is substantial, and (2) the taxpayer seeks to catch the swings inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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