- 19 - In Resser I, we held that Mr. Resser's "insubstantial and infrequent" personal trading activity in account QRF was not conducted with the regularity or continuity necessary for the activity to be considered a trade or business. Mr. Resser's segregation of his personal trades into a separate account, the methodical closing out of loss legs and the holding open of unrealized gain legs, his trading of TDY options in account QRF on only 6 days of the year, the establishment of only 9 TDY option spreads on those 6 days, and his need to shelter substantial earned wages and other income also persuaded the Court that Mr. Resser was not motivated primarily by profit when he entered the transactions, but motivated solely by tax considerations. Thus, as our opinion in Resser I makes clear, deduction of Mr. Resser's account QRF losses was prohibited by section 165(c)(1) and (2). Moreover, the courts have consistently held that a transaction entered into solely for favorable tax consequences, having no commercial, legal, or profit objective, will not be given effect for Federal income tax purposes. See, e.g., Frank Lyon Co. v. United States, 435 U.S. 561 (1978); Knetsch v. United States, 364 U.S. 361 (1960); Yosha v. Commissioner, supra; Rice's Toyota World, Inc. v. Commissioner, 752 F.2d 89 (4th Cir. 1985), affg. in part and revg. in part 81 T.C. 184 (1983); Patin v. Commissioner, 88 T.C. 1086 (1987), affd. without published opinion 865 F.2d 1264 (5thPage: 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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