Gary K. Bielfeldt and Carlotta J. Bielfeldt - Page 25

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          1221(1) in the Revenue Act of 1934, ch. 277, 48 Stat. 680, to               
          make it "impossible to contend that a stock speculator trading on           
          his own account is not subject to the [capital loss limitation]             
          provisions".  H. Conf. Rept. 1385, 73d Cong., 2d Sess. 22 (1934),           
          1939-1 C.B. (Part 2) 627, 632; see also United States v. Diamond,           
          supra at 1028; Mirro-Dynamics Corp. v. United States, 374 F.2d              
          14, 16 (9th Cir. 1967); Kemon v. Commissioner, 16 T.C. 1026, 1032           
          (1951).  For a detailed discussion of the legislative history of            
          the "to customers" amendment, see King v. Commissioner, supra at            
          457-458; Kemon v. Commissioner, supra at 1032; Wood v.                      
          Commissioner, supra at 219-220.                                             

               As to petitioner's alternative argument, namely, that he               
          sold the Treasury securities to customers, whether an individual            
          sells securities to customers is a question of fact that hinges             
          on his or her classification as a dealer, trader, or investor.              
          Kemon v. Commissioner, supra at 1032.  All purchasers of                    
          securities are within one of these three categories, and only a             
          dealer is eligible for the section 1221(1) exception because only           
          a dealer has customers.  United States v. Wood, supra at                    
          1051-1052.  As the Court of Appeals for the Ninth Circuit has               
          stated, in distinguishing these three types of purchasers:                  

                    A dealer is a person who purchases the securities                 
               or commodities with the expectation of realizing a                     
               profit                                                                 

                    not because of a rise in value during the interval of             
                    time between purchase and resale, but merely because              



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