Beverly Gordon - Page 27

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          Mr. Gordon was not financially capable of making any such pay-              
          ments.                                                                      
               In July 1993, the Gordons executed an amendment to the                 
          separation agreement under which they agreed, inter alia, that              
          any "tax liabilities that may be assessed" against them in                  
          connection with their joint tax liabilities shall be "the sole              
          and absolute responsibility" of Mr. Gordon.                                 
               After the Gordons separated, Ms. Gordon was responsible for            
          and paid the mortgage loan on the Lincoln Plaza residence and all           
          her own living expenses.  The sources of those payments were Ms.            
          Gordon's salary, the dividends on stocks that she owned, and the            
          proceeds from the sale of some of her assets.                               
                                       OPINION                                        
               Petitioners bear the burden of proving that respondent's               
          determinations in the notice are erroneous.  Rule 142(a); Welch             
          v. Helvering, 290 U.S. 111, 115 (1933).                                     
          The Claimed 1988 NOL Deduction                                              
               Section 1256                                                           
               During 1986, Mr. Gordon sustained a net loss of $319,973               
          from trading options on the AMEX as an options market maker.10              


          10  The parties agree that the amount of Mr. Gordon's 1986 net              
          trading loss that is in question is $319,973 and that that                  
          trading loss does not include the expenses of $4,750 that the               
          Gordons reported in Schedule C of their 1986 return as having               
          been incurred in connection with Mr. Gordon's trading activity              
          during that year.                                                           





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