Leema Enterprises, Inc. - Page 57




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          years are overwhelmingly trades that yield losses, not income.              
          Moreover, the trading pattern shows consistent retention of                 
          unrealized gains to be carried into the next taxable year or years.         
               Petitioners claim that their trades were motivated by profit           
          potential; any tax losses were incurred to take advantage of yearend        
          opportunities.  We do not accept this characterization.  Petitioners        
          have presented voluminous expert testimony, computerized charts, and        
          printouts of past trading in support of their claims that the Merit         
          trading was profit motivated. The pervasive flaw in these                   
          presentations is that they are taken out of the context of the total        
          Merit trading. For example, petitioners state that Mr. "Keeler's            
          account increased in value during January 1982, September, 1982,            
          February 1983, April, 1983, June, 1983, August, 1983, September,            
          1983, and October, 1983."  The context of Mr. Keeler's trades in            
          those years shows, however, that the account decreased in value             
          during the other unlisted 16 months of that 2-year period.  The gain        
          in January 1982 represented the reaping of rollover gains from the          
          prior year's trades, but these gains were approximately $80,000 less        
          than the prior month's (and previous taxable year's) losses.  The           
          gains from the other 7 listed months do not reflect any trading             
          activity; they show only modest market fluctuations that resulted           
          from application of Mr. Auerbach's algorithms used to create prices         
          for the Merit markets.                                                      
               Petitioners next contend that "Of his [i.e., Mr. Keeler's]             
          combination spreads, from opening to closing, more than 25 percent          
          were profitable."  We are more impressed with the converse; that is,        

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