Humes Houston Hart - Page 5

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                    2/89      PaineWebber    2         2                              
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                              First Union    1         0                              
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                    7/89      PaineWebber    3         1                              
                              First Union    0         1                              
                    8/89      PaineWebber    4         9                              
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                    10/89     PaineWebber2   0         0                              
               1 Petitioner closed his Ferris & Co. brokerage account in December 1987.
               2 Petitioner closed his PaineWebber brokerage account in October 1989. 
               Petitioner reported Schedule C losses of $123,801 in 1987,             
          $11,604 in 1988, and $5,349 in 1989 resulting from his stock                
          activity.  Respondent disallowed petitioner's Schedule C losses             
          for 1987, 1988, and 1989.  Respondent determined that petitioner            
          was not a "dealer" or "trader" in securities and that the net               
          losses he realized were capital losses subject to the limitations           
          of sections 165(f) and 1211(b).  Respondent also determined that            
          petitioner's stock transactions were reportable on Schedule D,              
          his investment expenses were reportable on Schedule A, and his              
          dividend income was reportable on Schedule B.  Petitioner argues            
          that he was either a "dealer" or "trader" in securities, and the            
          losses and related items therefrom were properly reportable on              
          Schedule C.                                                                 
               Section 165 generally provides a deduction for any loss                
          sustained during the taxable year and not compensated by                    
          insurance or otherwise.  Section 165(f), however, provides that             
          losses from the sales of capital assets should be allowed only to           
          the extent allowed under sections 1211 and 1212.  Section 1221              
          defines capital assets as any property held by the taxpayer,                




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Last modified: May 25, 2011