Edward S. Cullin - Page 2

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                All section references are to the Internal Revenue Code                                  
                as in effect for the years in issue.                                                     
                      After concessions, the issues remaining for decision                               
                are:  (1) Whether petitioner's losses from trading                                       
                commodity futures are capital or ordinary; and (2) whether                               
                petitioner is liable for the accuracy-related penalties                                  
                prescribed by section 6662(a) as determined by respondent                                
                for 1989 and 1990.                                                                       
                                          FINDINGS OF FACT                                               
                      The parties have stipulated some of the facts.  The                                
                stipulation of facts filed by the parties and the exhibits                               
                attached thereto are incorporated herein by this reference.                              
                Petitioner was a resident of Dunwoody, Georgia, at the time                              
                he filed his petition in this case.                                                      
                      During the years 1985 through 1990, petitioner was                                 
                self-employed as a freelance writer and publisher.  Prior                                
                to the years in issue, petitioner researched and wrote a                                 
                manuscript entitled "The Wall Street Newspaper Daytrading                                
                Strategy".  The manuscript describes a mechanical system                                 
                for trading commodity futures which focused on the lead                                  
                story on the Commodities Page of the Wall Street Journal.                                
                At the time the manuscript was written, there was only one                               
                lead story on the Commodities Page.  The manuscript                                      
                instructs a reader in how to execute a day trade with                                    





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