- 11 - return); (3) his work as a consultant (earning $40,775); and (4) his account RSR/QRF activity, described as "Investments" on Schedule C of petitioners' return. We found that Mr. Resser's account QRF trading activity was separate and distinct from his account AMR trading for Bichon and his other trading-related activities. We thus evaluated his account QRF activity separately and held that Mr. Resser's personal trading activity in account QRF was not conducted with the regularity or continuity necessary to consider the activity a trade or business. Our holding was based on the fact that no trading occurred in account QRF from the beginning of March 1982 until September 30, 1982. For the balance of the year, Mr. Resser traded TDY in account QRF on only 6 days, establishing only nine spreads. Additionally, Mr. Resser failed to establish whether his TDY trading consumed only a few minutes during the year or a significant portion of several days. We concluded that Mr. Resser's insubstantial and infrequent trading in TDY stock options did not constitute a trade or business and that petitioners were not entitled to deduct Mr. Resser's account QRF losses under section 165(c)(1). With respect to section 165(c)(2), we stated that the Court has consistently held that, in order to deduct a loss under section 165(c)(2), the taxpayer must show that profit was the primary motivation for entering the transaction. We thenPage: 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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