Gary K. Bielfeldt and Carlotta J. Bielfeldt - Page 31

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          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.                     


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