- 25 - 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 becausePage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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