Howard V. More - Page 16




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            as not derived in the ordinary course of a trade or business,                              
            i.e., it will be treated as portfolio income.  In regard to this                           
            section, the report of the Senate Committee on Finance stated:                             
            “Although setting aside such amounts may be necessary to the                               
            trade or business, earning portfolio income with respect to such                           
            amounts is investment-related and not a part of the trade or                               
            business itself.”  S. Rept. 99-313 (1986), 1986-3 C.B. (Vol. 3)                            
            713, 729-730.  We believe that petitioner’s gain is no more                                
            closely connected to his underwriting activities than would be                             
            interest earned on the investment of working capital, and, thus,                           
            it should be treated as not derived in the ordinary course of a                            
            trade or business.                                                                         
                  We conclude that petitioner’s gain is portfolio income and                           
            that he cannot utilize his passive losses to offset this gain.                             
                                                      Decision will be entered                         
                                                under Rule 155.                                        




















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