- 17 - deduction lacked a basis in law. Mrs. Resser bears the burden to prove that the loss deduction had no basis in law at the time petitioners filed their 1982 Federal income tax return. Rule 142(a); Busse v. United States, 542 F.2d 421, 425 (7th Cir. 1976). Mrs. Resser relies on our holding in Resser I to prove that Mr. Resser's stock option spread losses are grossly erroneous items. Specifically, she argues that, because we found "pursuant to well settled legal principles" that Mr. Resser's stock option trades were "not engaged primarily for profit", there was no legal basis for deducting the account QRF losses. Respondent's principal contention is that, because the trades were legitimate, i.e., the trades were executed on a regulated exchange and entered into using the open outcry auction method during the regular trading period on the exchange, and, as recognized by the Court in Resser I,8 the potential for both 8 In Resser I, we stated: It is uncontested that the potential for profit exists in stock option spread transactions like those engaged in by petitioner, as does the potential for economic loss. However, the fact that there is a reasonable expectation of profit is not determinative. Ewing v. Commissioner, [91 T.C. 396,] 416. The relevant test is whether petitioner's primary purpose for entering stock option spread transactions was for profit. We agree with respondent that the TDY trades at issue were not primarily profit (continued...)Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011