- 28 - 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.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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