Alan M. Resser and Melinda B. Resser - Page 10

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          Mr. Resser's Schedule C loss reduced petitioners' adjusted gross            
          income significantly.  Petitioners' 1982 Federal income tax                 
          liability was zero.                                                         
               In the notice of deficiency, respondent disallowed Mr.                 
          Resser's account QRF TDY stock option spread losses and expenses            
          on the basis that the transactions were "not profit motivated."             
               At trial, respondent contended that Mr. Resser's trades were           
          motivated primarily by tax considerations and were a blatantly              
          obvious attempt to offset all earned wages and other income.                
          Petitioners argued that Mr. Resser entered into the TDY option              
          transactions to generate a profit and that his TDY option trading           
          constituted a trade or business.  Petitioners relied on Laureys             
          v. Commissioner, 92 T.C. 101 (1989), a case involving a                     
          registered market maker with the CBOE who engaged in TDY option             
          spread transactions similar to Mr. Resser's TDY spreads.                    
               In Resser I, we held that the account QRF losses were not              
          deductible under section 165 because Mr. Resser lacked the                  
          requisite profit motive when he engaged in the transactions.                
          With respect to section 165(c)(1), we found that Mr. Resser was             
          involved in four distinct income-earning activities during 1982:            
          (1) His employment as a risk analyst for traders clearing through           
          Rialcor (with compensation of $236,550); (2) his daily activities           
          on behalf of Bichon Venture Partnership (his portion of which was           
          reported on Schedule E of petitioners' 1982 Federal income tax              






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