Gary K. Bielfeldt and Carlotta J. Bielfeldt - Page 21

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                                       OPINION                                        

               We must decide whether petitioner's gains and losses from              
          his dealings in Treasury securities were ordinary or capital.               
          Whereas an individual may generally deduct from current income              
          all ordinary losses, sec. 165(a), an individual's deduction for             
          capital losses is limited, secs. 165(f), 1211.  See Moravec v.              
          Commissioner, 500 F.2d 1298 (7th Cir. 1974), affg. per curiam               
          T.C. Memo. 1973-83.  An individual may currently deduct capital             
          losses only up to the amount of his or her capital gains plus               
          $3,000 (or $1,500 for married individuals filing separately).               
          He or she must carry forward any excess loss to a future taxable            
          year.  Secs. 1211(b) and 1212(b); see Moravec v. Commissioner,              
          supra.                                                                      

               A capital loss is any loss realized on the sale or exchange            
          of a capital asset.  See sec. 1222; Arkansas Best Corp. v.                  
          Commissioner, 485 U.S. 212, 223 (1988).  A "capital asset"                  
          includes any "property held by the taxpayer (whether or not                 
          connected with his trade or business)" that is not within one of            
          five categories.  Sec. 1221; Arkansas Best Corp. v. Commissioner,           
          supra at 215.  Section 1221(1), the only category that could                
          apply here, provides that property is not a capital asset if it             
          is:                                                                         

               stock in trade of the taxpayer or other property of a                  
               kind which would properly be included in the inventory                 
               of the taxpayer if on hand at the close of the taxable                 
               year, or property held by the taxpayer primarily for                   



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