Stephen S. Wang, Jr. - Page 12

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          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 not                





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