Edward S. Cullin - Page 11

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                we have no basis to conclude that the commodity futures                                  
                traded by petitioner during the years in issue fall within                               
                any of the five categories.  First, petitioner does not                                  
                claim that the commodity futures were stock in trade or                                  
                inventory of his trade or business, the category described                               
                by section 1221(1).  In this connection, we note that                                    
                petitioner asserts that he was in the trade or business of                               
                "being self-employed, free lance writer/self-publisher"                                  
                during the years in issue.  Petitioner does not claim to                                 
                have been in the business of trading commodity futures                                   
                during 1989 and 1990.  Second, commodity futures are not                                 
                property "of a character which is subject to the allowance                               
                for depreciation", the category described by section                                     
                1221(2).  Third, commodity futures are not "a copyright, a                               
                literary, musical, or artistic composition, a letter or                                  
                memorandum, or similar property", the category described by                              
                section 1221(3).  Finally, petitioner does not contend that                              
                the commodity futures are "accounts or notes receivable",                                
                the category described by section 1221(4), nor does                                      
                petitioner contend that they are "a publication of the                                   
                United States Government", the category described by                                     
                section 1221(5).                                                                         
                      Notwithstanding the above, petitioner contends his                                 
                losses from trading commodity futures are deductible as                                  
                ordinary losses.  Petitioner asserts that he opened the                                  




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