- 14 - [The taxpayer's] primary purpose in engaging in options transactions, spread transactions, butterflies, and specifically the transactions in issue, was consistent with and part of his overall portfolio strategy to make a profit. Thus, the transactions had sufficient economic substance to be recognized for tax purposes. See Yosha v. Commissioner, 861 F.2d [494 (7th Cir. 1988), affg. Glass v. Commissioner, 87 T.C. 1087 (1986)] at 499. [Laureys v. Commissioner, supra at 134-133.] As a result, we disagreed with the Ressers' assertion that the facts of their case were similar to those of Laureys and distinguished Laureys as follows: First, we note that the taxpayer in Laureys relied almost exclusively on his trading activities in stock options as his sole source of income. The taxpayer received practically no other income. In contrast, petitioners had wages of approximately $250,000 as well as consulting income in excess of $40,000. Petitioners' need for offsetting tax losses to reduce a substantial amount of taxable income is apparent. Moreover, with other sources of income, it is evident that petitioners were not forced to rely on the TDY trading gains to earn a living. The taxpayer in Laureys engaged in market making for his own account on a full-time basis. In the instant case, * * * [Mr. Resser] entered into just 9 TDY spread transactions on only 6 days for his own account during the year (excluding the spread closed out in February 1982). * * * [Mr. Resser] spent the majority of his time as a risk analyst, consultant, and trading for the Bichon Venture Partnership/AMR account. The taxpayer in Laureys traded in at least eight different option classes whereas * * * [Mr. Resser] traded only TDY stock options in the QRF account. In Laureys, the taxpayer attempted to vary his strategy behind the trades in his account. He was sometimes bullish, sometimes bearish, and sometimes attempting to capture a dividend. * * * [Mr. Resser's] testimony is that he maintained a bearish strategy with respect to the TDY trades. * * * [Resser v. Commissioner, T.C. Memo. 1991-423.]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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