Edward and Ruth Kelly - Page 5

                                                - 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 transactions                          



Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011