- 21 - 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 forPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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