- 12 - disgorgement were related to “his business activities in the securities industry” and, therefore, are deductible business expenses. Respondent maintains that petitioner’s expenditures are not business expenses because his insider trading activity was not related to his employment at Morgan Stanley and petitioner was not in a separate trade or business of selling insider information. Respondent has permitted petitioner to deduct the disgorgement under section 165(c)(2) as a loss incurred in an activity entered into for profit that does not constitute a trade or business. A section 165(c)(2) nonbusiness loss deduction cannot create an NOL carryback. Sec. 172(d)(4). Respondent also argues that petitioner is not entitled to deduct the legal expenses under either section 162 or 212 because the expenses were paid by petitioner’s father. The first issue for our consideration is whether petitioner’s selling of insider information constituted a trade or business. Petitioner asserts that the sale of insider information was in connection with his employment at Morgan Stanley and that his job provided him with the opportunity and means to engage in insider trading. Petitioner also argues that he made the disgorgement to protect his business reputation and future employment. Although petitioner obtained the insider information in the course of his position with Morgan Stanley, his use and disclosure of the information for profit was notPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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