Alan M. Resser and Melinda B. Resser - Page 20

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          Cir. 1989). Hatheway v. Commissioner, 856 F.2d 186 (4th Cir.                
          1988), affd. sub nom. Skeen v. Commissioner, 864 F.2d 93 (9th               
          Cir. 1989), affd. sub nom. Gomberg v. Commissioner, 868 F.2d 865            
          (6th Cir. 1989); Bessenyey v. Commissioner, 45 T.C. 261 (1965),             
          affd. 379 F.2d 252 (2d Cir. 1967).  It was thus under well-                 
          settled legal principles that we denied petitioners' deduction              
          for the losses generated by Mr. Resser's account QRF option                 
          spread transactions.                                                        
               On brief, respondent cites two cases to support a finding              
          that, despite our holding in Resser I that Mr. Resser lacked the            
          requisite profit motive, the claimed option losses are not                  
          grossly erroneous items.  Each, however, is distinguishable from            
          the instant case.  See Russo v. Commissioner, 98 T.C. 28, 29                
          (1992) ("London Options" commodity straddle tax shelter initially           
          sanctioned by several Internal Revenue Service private letter               
          rulings); Anthony v. Commissioner, T.C. Memo. 1992-133 (no                  
          evidence presented by taxpayer, other than statutory notice of              
          deficiency, to prove that disallowed losses from computer-leasing           
          activity, which were eventually the subject of a compromise                 
          settlement between the Internal Revenue Service and the                     
          investors, were grossly erroneous).  Respondent also makes much             
          of our discussion in Resser I where, with regard to the section             
          6661 addition to tax, we stated:                                            








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