- 21 - Section 1.6661-3(a)(2), Income Tax Regs., provides that the substantial authority standard is stricter than the reasonable basis standard. The regulation also states that a position with respect to the tax treatment of an item that is "arguable but fairly unlikely to prevail in court would satisfy a reasonable basis standard, but not the substantial authority standard." In the instant case, petitioners rely heavily on Laureys v. Commissioner, [92 T.C. 101 (1989)], to support the position that [Mr. Resser's] trading was profit motivated. Although we think [Mr. Resser's] position is arguable, the facts in Laureys are materially distinguishable from those of this case. Therefore, [Mr. Resser's] position might arguably satisfy the reasonable basis standard but falls short of satisfying the substantial authority standard. * * * [Resser v. Commissioner, T.C. Memo. 1991-423.] We disagree with respondent that this mandates a finding that there was some basis in law for the account QRF loss deduction. In Laureys v. Commissioner, 92 T.C. 101 (1989), there was no direct evidence of tax planning or motivation on the part of the taxpayer. Our statement in Resser I indicates that Mr. Resser relied on Laureys with respect to the account QRF losses because the possibility of profit does exist in these types of transactions. However, as we found in Resser I, Mr. Resser's pattern of trading in account QRF clearly demonstrated his lack of a profit motive. Despite what respondent refers to as "the economic viability and legality" of the option spread transactions at issue, Mr. Resser's account QRF transactions were neither conceived nor executed with the dominant objective of making a profit. Mr. Resser, a sophisticated and experienced trader, designed his trades to produce a loss. He engaged inPage: 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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