- 31 - have been required to register as such with the SEC, the NASD, and the Illinois secretary of state. Yet, he did not register with any of these agencies.14 Nor did he advertise himself as a dealer. One need only examine his tax returns as originally filed to understand that he did not consider himself a dealer at the time of their filings. None of these returns reported that he was a dealer in Treasury securities. They reported that his gains and losses were capital. Although he testified that he did not know when he originally filed his returns that the Federal tax laws differentiated between gains and losses that were capital as opposed to ordinary, we find this testimony illogical when considered in the light of the record as a whole. Petitioner is an intelligent man who, when he filed his 1984 tax return, had been working for more than 25 years. During each year in issue, he had experienced the benefits of capital gains and the burdens of capital losses; he reported that he was unable to deduct currently $29,457,311, $48,900,546, and $93,752,481 of capital losses that he realized (exclusive of any prior year 14 Petitioner and B&C's chief financial officer testified that they believed that petitioner did not have to register individually because he and B&C were one and the same. We do not find this testimony persuasive. Even if petitioner did believe that he and B&C were one and the same when it came to partnership business, a finding that petitioner asks the Court to make but which we are unable to make because of a lack of substantiation, the subject trading of Treasury securities was not partnership business. It was an activity that petitioner conducted independently of B&C. Moreover, petitioner reported the gains and losses therefrom on his personal income tax return.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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