- 40 - which maintained account No. 603, and Omni Securities, Inc., which maintained account No. 701. Horizon functioned as a market maker with respect to other traders. It traded for only 2 months at the end of 1981 and the beginning of 1982. During December 1981, it had cancellation-fee income of $26,347,590; the following month, in January 1982, it incurred cancellation-fee losses of $26,256,320. At the end of the taxable year, Horizon reported the $91,270 difference as income on Leema's consolidated return.15 OPINION These cases are part of a series of cases that examines the investment programs of Merit. We have addressed various aspects of these programs in other, previously issued opinions. See Lee v. Commissioner, T.C. Memo. 1997-172, affd. in part and remanded in part 155 F.3d 584 (2d Cir. 1998); London v. Commissioner, T.C. Memo. 1996-192; Alessandra v. Commissioner, T.C. Memo. 1995-238, affd. without published opinion 111 F.3d 137 (9th Cir. 1997); Lamborn v. Commissioner, T.C. Memo. 1994-515; Seykota v. Commissioner, T.C. Memo. 1991-234, modified T.C. Memo. 1991-541. None of these previous cases is dispositive of the current cases, which involve different petitioners and the holding of a new trial at which the parties presented different testimony and documentary evidence. We have accordingly addressed the issues in the present 15 Leema's other subsidiary, Omni Securities, Inc., also functioned as a market maker, but it performed no trading in the stock forwards market until Leema's next taxable year.Page: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
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