- 37 - the Code. See Automobile Club of Mich. v. Commissioner, 353 U.S. 180, 183 (1957). Nor has Mr. Gordon established that he relied to his detri- ment on the IRS revenue agent's oral statement to him in October 1988 and the IRS' issuance of the no-change letter in May 1989 by arranging his business affairs so that any income that he re- ceived during 1988 and subsequent years would constitute ordinary income that could be offset by a net operating loss deduction attributable to his 1986 net trading loss. In this connection, we find it significant that (1) although Mr. Gordon's employment with MKI from which he received ordinary income during 1988 commenced sometime in January 1988, it was not until October 1988 that the IRS revenue agent told him that his 1986 net trading loss was properly reported as an ordinary loss in the Gordons' 1986 return, and it was not until May 1989 that the IRS issued the no-change letter to the Gordons; and (2) the Gordons did not claim any net operating loss deductions in their 1989 and 1990 returns. We also reject Mr. Gordon's claim that he relied to his det- riment on the IRS revenue agent's oral statement to him in October 1988 and the IRS' issuance of the no-change letter in May 1989 when he and Ms. Gordon did not use his 1986 net trading loss to offset the long-term capital gain that they realized from the sale of their Roslyn residence. The Gordons realized a gain fromPage: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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