- 7 - It is determined that the amounts of $101,938.26 and $54,529.65 shown on Schedule C of your respective 1989 and 1990 income tax returns as research and experimentation to improve trading system formula for sale are not allowed because it has not been established that any amount was for an ordinary and necessary business expense. Instead, the commodities futures transactions constitute capital assets and are includable as capital gains and losses on Schedule D. Accordingly, your taxable income is increased $101,938.26 for 1989 and $54,529.65 for 1990. Respondent allowed petitioner to treat the losses as short- term capital losses deductible on Schedule D, Capital Gains and Losses. The notice states as follows: It is determined that you are entitled to short- term capital losses in the amounts of $102,158.00 for 1989 and $54,530.00 for 1990, limited to $3,000.00 for each of the years 1989 and 1990, resulting from commodities futures transactions. As a consequence of disallowing the deductions that petitioner claimed for his commodity trading losses, respondent also determined that petitioner is liable for additional self-employment taxes in 1989 and 1990, and respondent allowed petitioner a deduction in the amount of one-half of his self-employment tax liability in 1990. OPINION The principal issue in this case is whether petitioner's losses from trading commodity futures are capital or ordinary. Petitioner realized losses ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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