- 5 - additional taxes from his wages in order to avoid the estimated payment penalty he had incurred in prior years, suggesting that his decision to deduct his trading losses as ordinary losses was merely an afterthought; and perhaps most important, the false characterization of his trading activity and business name on the 1980 Schedule C, suggesting that he knew that accurate description would trigger inspection and ultimate disallowance of the ordinary loss deduction by the Internal Revenue Service. Id. at 1030. In Diamond, the defendant was convicted of filing false returns, not, as petitioner suggests, simply because he mischaracterized his commodities losses. The mischaracterization of the losses was only a small part of the defendant's sophisticated scheme to avoid taxes. Recent developments, subsequent to issuance of the Opinion and our reliance on Reid v. Commissioner, T.C. Memo. 1989-294, confirm that Mr. Kelly's position, although incorrect, was not groundless or frivolous. Other individual taxpayers, during years in issue in the case at hand, made good faith claims that they were entitled to ordinary loss treatment as dealers in securities. The Court has rejected these claims, Marrin v. Commissioner, T.C. Memo. 1997-24; Hart v. Commissioner, T.C. Memo. 1997-11, and upheld the imposition of additions for late filing, as well as negligence and substantial understatement additions, in the face of the taxpayers' arguments that they believed that their ordinary losses from securities transactionsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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