- 8 - $101,938.26 in 1989 and losses of $54,529.65 in 1990. Petitioner treated the losses as ordinary and deducted them on a Schedule C, Profit or Loss from Business, filed with his return for each year. Each Schedule C identifies petitioner's business as "Commodity Trading Advisor/Publishing." The gross receipts reported on each Schedule C consist entirely of the receipts from the sale of petitioner's manuscript for his commodity trading system. Petitioner labeled the deductions as "Research and Experimentation to Improve Trading System Formula For Sale." Respondent disallowed the deductions on the ground that petitioner had not established that the amounts were ordinary and necessary business expenses. Respondent determined that "the commodities futures transactions constitute capital assets and are includible as capital gains and losses on Schedule D." Respondent allowed petitioner to deduct the losses under section 165(a) but treated them as losses from sales or exchanges of capital assets which are allowable only to the extent allowed in sections 1211(b) and 1212. Accordingly, the principal issue for decision in this case is whether the losses realized by petitioner from his trading of commodity futures are losses from sales or exchanges of capital assets. In passing, we note that petitioner does not claimPage: 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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