- 13 - motivated. * * * [Mr. Resser] traded on only 6 days in the QRF account, establishing a total of 9 spreads. The spreads established on September 30 and October 1 did not close any previously acquired leg and no gains or losses were realized on those dates. On October 11, 1982, * * * [Mr. Resser's] trading resulted in the realization of a $188,896 loss. On October 13, 1982, * * * [Mr. Resser] established a butterfly spread and simultaneously closed an April 70 call leg realizing a loss of $275,181. On October 14, 1982, * * * [Mr. Resser's] closing of prior transactions resulted in a net loss of $657,071. On October 14, 1982, * * * [Mr. Resser's] Customer Account Status Report disclosed that he had open positions in his [QRF] account containing unrealized profits totaling $1,139,837. If * * * [Mr. Resser] would have closed all his positions on October 14, the net economic gain would have been approximately $18,689. The record indicates that * * * [Mr. Resser] consistently liquidated his loss legs and left the majority of his profitable legs open until the next taxable year. * * * [Mr. Resser's] Customer Account Status Report for December 17, 1982, indicated that the open positions in his account contained unrealized profits of $872,075. The net gains realized in 1983 resulting from the closure of those open option positions as of December 17, 1982, totaled $871,874. [Resser v. Commissioner, T.C. Memo. 1991-423.] Petitioners argued that the facts of their case were similar enough to the facts of Laureys v. Commissioner, 92 T.C. 101, (1989), to warrant a decision that Mr. Resser's motivation was the same as the taxpayer's in Laureys. As mentioned, Laureys involved a registered market maker with the CBOE who engaged in TDY option spread transactions similar to Mr. Resser's TDY spreads. In Laureys, this Court found that there was no direct evidence of tax planning or motivation on the taxpayer's part and concluded: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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