- 20 - 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: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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