- 8 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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