Sandra B. Ball and Keirh M. Northrop - Page 4




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               Petitioner filed a Schedule C, Profit or Loss from Business,           
          for Chameleon Counters in 1995 and 1996.  On the Schedules C, he            
          listed office expenses, interest, and depreciation which he                 
          asserted were related to his business as a stock trader.                    
          Petitioner listed his gains and losses from the stock trades on             
          Schedule D, Capital Gains and Losses.  Respondent disallowed the            
          expenses because it was determined that petitioner is not in the            
          trade or business of being a stock trader, but is instead an                
          investor, and because petitioners did not substantiate the                  
          expenses.  Petitioner claims he is a trader, not an investor, and           
          should be entitled to deduct the above expenses on Schedule C.              
               We briefly comment on the question which was the focus of              
          the parties at trial; whether petitioner was a trader or                    
          investor.  In determining whether a taxpayer who manages his own            
          investments is a trader or merely an investor, we consider the              
          following factors: "(1) The taxpayer's investment intent; (2) the           
          nature of the income to be derived from the activity; and (3) the           
          frequency, extent, and regularity of the taxpayer's securities              
          transactions."  Hart v. Commissioner, T.C. Memo. 1997-11.  To be            
          a trader, the trading activity must be substantial, which means             
          "frequent, regular, and continuous enough to constitute a trade             
          or business" as opposed to sporadic trading.                                
               It is apparent that petitioner's trading activity, eight               
          sales transactions in 1995 and seven sales transactions in 1996,            






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