Beverly Gordon - Page 28

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          The Gordons claimed that net trading loss as an ordinary loss in            
          their 1986 return and claimed a net operating loss deduction of             
          $268,318 in their 1988 return that is attributable to the carry-            
          over of that loss.                                                          
               Mr. Gordon contends, and respondent disputes, that the                 
          Gordons are entitled to the claimed 1988 NOL deduction because              
          the net trading loss that Mr. Gordon sustained during 1986 is an            
          ordinary, and not a capital, loss.11                                        
               To support his contention that his 1986 net trading loss is            
          an ordinary loss, Mr. Gordon asserts:                                       
               [As a market maker, I was] trading for profitable                      
               opportunities. * * * But at the same times [sic], * * *                
               [I had] a dual purpose and dual function.                              
                       *     *     *     *     *     *     *                          
                    * * * As a dealer, in providing a service to the                  
               public, in making a two-sided market and being obli-                   
               gated to participate on both side [sic] of every public                
               order, taking on this inventory so that I would be able                
               to resell it to the public and provide liquidity in the                
               derivative product, * * * I provided a service to the                  
               public * * *                                                           
                       *     *     *     *     *     *     *                          
                    * * * As a market-make [sic], [I was] providing a                 

          11  In presenting their respective arguments on whether the                 
          Gordons are entitled to the claimed 1988 NOL deduction, Mr.                 
          Gordon and respondent focus on Mr. Gordon's 1986 net trading                
          loss, and not on the individual components of that loss.  Al-               
          though the applicable sections of the Code address those individ-           
          ual components, for convenience, we, like the parties, shall                
          focus on Mr. Gordon's 1986 net trading loss since it is immate-             
          rial to our resolution of the issue presented whether we address            
          that loss or its individual components.                                     





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