Leema Enterprises, Inc. - Page 40




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          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.                      

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