- 4 - 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,Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011