Gary K. Bielfeldt and Carlotta J. Bielfeldt - Page 27

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          he traded those securities only for his own account, and he                 
          reported on his personal income tax returns the gains and losses            
          on his trades.  He did not make a market in Treasury securities,            
          and he did not earn a commission on any of his trades because the           
          counterparties thereto were not required to pay him a commission.           
          He did not maintain a place of business for trading his                     
          securities separate from B&C's, and he did not effectuate trades            
          pursuant to a directive.  He did not treat his counterparties as            
          customers; e.g., he did not send them confirmation, he did not              
          have them sign customer account agreements, and he did not send             
          them monthly statements.13  Although he was a part owner of B&C,            
          the business of which included trading securities to customers,             
          he did not trade his Treasury securities in the course of that              
          business.  He merely used B&C's resources to assist him in his              
          independent activity of trading Treasury securities.  Although he           
          asks the Court to consider his trading activity part of B&C's               
          business activity, we decline to do so.  Petitioner and B&C are             
          separate, and, under the facts herein, we will not disregard                
          their separateness or otherwise treat them as one.  To the extent           
          that petitioner asks the Court to conclude that he used B&C as              


               13 Petitioner asks the Court to find that sending written              
          confirmation was not the practice in the industry, especially in            
          cases where, like his, all trades were confirmed orally.                    
          Petitioner also asks the Court to find that the industry practice           
          was not to send monthly statements to, or obtain customer                   
          agreements from, institutional investors.  We decline to make               
          either finding.  Neither finding is supported by reliable                   
          evidence in the record.                                                     


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