- 11 - 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 thePage: 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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