- 17 -- 17 - Other factors confirm that petitioner was not a dealer in the years at issue. Besides customers, petitioner also lacked an established place of business and licensing as a dealer. He did not hold himself out as a dealer or otherwise advertise such status.2 For nearly half of 1989 and all of 1990, petitioner was a full-time employee elsewhere. The tenuous nature of petitioner's claim of dealer status is reflected by the inconsistencies in his position. He commenced using the "on the book" method of bid and asked, his principal grounds for claiming to be a dealer, sometime in 1988. Yet on his 1988 return, he treated all losses from his securities transactions--which were sizable, exceeding $96,000--as capital losses, reporting them on a Schedule D. In 1989 and 1990, he continued using the "on the book" method and treated the substantial losses therefrom3 as ordinary losses in each year on a Schedule C, claiming to be a securities dealer. During 1991, petitioner continued using the method, but ceased buying and 2After first stipulating that he did not advertise as a dealer, petitioner claimed at trial that his offers to buy and sell, when they were the best price for a security and therefore displayed on an exchange, constituted advertising. 3In 1989, petitioner claimed losses from transactions in stock options and stocks of $106,503 and from futures contracts of $117,852, for a total of $224,355 claimed on the Sched. C for that year. (The losses from futures contracts are discussed infra.) These losses resulted in an $80,067 loss carryforward, which was claimed on Sched. C of the 1990 return, together with 1990 securities losses of $18,311, for a total of $98,378 of Sched. C losses claimed in 1990.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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