Howard V. More - Page 2




                                                - 2 -                                                  
                        Held:  The gain from the sale of stock is                                      
                  portfolio income pursuant to sec. 469(e)(1)(A), I.R.C.,                              
                  and sec. 1.469-2T(c)(3), Temporary Income Tax Regs., 53                              
                  Fed. Reg. 5686, 5713 (Feb. 25, 1988), and cannot be                                  
                  offset by P’s passive losses.                                                        
                  Martha A. Roof, for petitioner.                                                      
                  Louis B. Jack, for respondent.                                                       

                                               OPINION                                                 
                  VASQUEZ, Judge:  In the notice of deficiency, respondent                             
            determined deficiencies of $38,145 and $79,812 in petitioner’s                             
            Federal income taxes for 1992 and 1993, respectively.  After                               
            concessions, the issue for decision is whether gain from the sale                          
            of stock pledged as collateral for a letter of credit which                                
            guaranteed petitioner’s underwriting activities is portfolio                               
            income.                                                                                    
                  Unless otherwise indicated, all section references are to                            
            the Internal Revenue Code in effect for the years in issue, and                            
            all Rule references are to the Tax Court Rules of Practice and                             
            Procedure.                                                                                 
                                             Background                                                
                  The parties submitted this case fully stipulated.  The                               
            stipulation of facts and the attached exhibits are incorporated                            
            herein by this reference.  At the time the petition was filed,                             
            petitioner resided in Pasadena, California.                                                
            General Background on Underwriting for Lloyd’s                                             
                  Lloyd’s of London’s (Lloyd’s) business consists of insuring                          





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: May 25, 2011