Stephen and Jane Marrin - Page 8

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          the meaning of section 1221, and not inventory or property held             
          primarily for sale to customers in the ordinary course of a trade           
          or business.  Based upon this determination, respondent concluded           
          that the losses on securities and futures transactions claimed by           
          petitioners on Schedule C of their Federal income tax returns               
          were reportable on Schedule D, and calculated petitioners'                  
          deduction for net capital losses subject to the limitation under            
          section 1211.  Petitioners contend that their losses incurred               
          during 1989 and 1990 were reportable on Schedule C because                  
          petitioner functioned as a dealer due to the frequency of                   
          transactions, the large dollar volume, the extensive time                   
          devoted, and the methods used for transacting in the market.                
               Section 165(f) provides a deduction for losses from sales or           
          exchanges of capital assets, but only to the extent allowed under           
          sections 1211 and 1212.  Section 1211(b) limits the allowance of            
          such losses to the extent of gains from such sales or exchanges,            
          plus the lower of (1) $3,000 ($1,500 in the case of a married               
          individual filing a separate return), or (2) the excess of such             
          losses over such gains.                                                     
               The principal issue we must decide, therefore, is whether              
          the losses reported by petitioners for the years in issue from              
          dealings in securities and futures contracts are ordinary or                
          capital losses.                                                             







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