Gary K. Bielfeldt and Carlotta J. Bielfeldt - Page 23

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          asserts that the mere fact that he traded on his own account,               
          rather than on behalf of third parties, does not take him outside           
          the definition of a dealer.                                                 

               Respondent replies that petitioner's gains and losses were             
          capital because he was not a dealer.  Respondent asserts that               
          petitioner traded for his own account and that he had no                    
          customers.  Respondent asserts that petitioner had no separate              
          place of business to conduct his trading and that he used B&C's             
          resources to effectuate his trades.  Respondent asserts that                
          petitioner did not register as a dealer with the SEC, NASD, or              
          Illinois secretary of state.  Respondent asserts that petitioner            
          did not treat himself as a dealer on his tax returns as                     
          originally filed.                                                           

               We agree with respondent that petitioner was not a dealer in           
          Treasury securities during the subject years.  To start with,               
          petitioner is incorrect in asserting that his Treasury securities           
          were his stock in trade or inventory, even if he did not hold the           
          securities for sale to customers.  As courts have consistently              
          held, securities may be classified as stock in trade or inventory           
          only when they are held primarily for sale to customers in the              
          ordinary course of business.  Marrin v. Commissioner, 147 F.3d              
          147, 152 (2d Cir. 1998), affg. T.C. Memo. 1997-24; United States            
          v. Wood, 943 F.2d 1048, 1051 (9th Cir. 1991); Swartz v.                     
          Commissioner, 876 F.2d 657, 659 (8th Cir. 1989), affg. per curiam           
          T.C. Memo. 1987-582; United States v. Diamond, 788 F.2d 1025,               



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