Alan M. Resser and Melinda B. Resser - Page 15

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               In conclusion, we noted that tax benefits of Mr. Resser's              
          option spread strategy "so far outweigh[ed] the economic profit             
          potential" that we could not accept Mr. Resser's contention that            
          he was primarily motivated by the desire to earn a profit.  Id.             
          Consequently, we sustained respondent's determination and                   
          disallowed the claimed losses from the account QRF TDY stock                
          option transactions.                                                        
               With respect to the section 6661 addition to tax, we held              
          that Mr. Resser's principal purpose for the stock option trading            
          in account QRF was the avoidance of Federal income tax, and,                
          therefore, the trading activity met the section 6661(b)(2)(C)               
          definition of a "tax shelter".  Because we concluded that Mr.               
          Resser had no substantial authority for the tax treatment of his            
          TDY trading in taxable year 1982, we sustained respondent's                 
          determination.  We likewise sustained respondent's imposition of            
          increased interest under section 6621(c) because Mr. Resser's               
          stock option spread transactions were not entered into for profit           
          and thus any underpayment based on those transactions was                   
          attributable to a tax-motivated transaction.                                
                                       OPINION                                        
               As mandated by the Court of Appeals for the Seventh Circuit,           
          we must decide whether the claimed losses generated by Mr.                  
          Resser's account QRF stock option spread transactions are                   
          "grossly erroneous items", as required by section 6013(e)(1)(B)             






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