Alan M. Resser and Melinda B. Resser - Page 13

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               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:                                                                  







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