- 5 - 2/89 PaineWebber 2 2 3/89 PaineWebber 1 0 4/89 PaineWebber 0 1 5/89 PaineWebber 2 0 First Union 1 0 6/89 PaineWebber 1 0 7/89 PaineWebber 3 1 First Union 0 1 8/89 PaineWebber 4 9 9/89 PaineWebber 0 0 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,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011