Keith M. Rudman - Page 6




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               We conclude that petitioner’s earnings in 1994 from his                
          commodities trading transactions do not qualify for an exception            
          from self-employment tax.  Petitioner has not established that              
          his trading activity in commodities futures contracts in 1994 was           
          outside the scope of his normal trading activity.  Petitioner has           
          not established that the trades on his behalf in 1994 were less             
          frequent or regular than the trades in prior years.  Other than             
          the use of a broker on the floor of the CBOT (in lieu of                    
          petitioner himself being on the floor), the evidence in this case           
          does not establish any significant factual differences in                   
          petitioner’s trading activity.                                              
               Petitioner remained a member of the CBOT.  On his 1994                 
          Federal income tax return, petitioner indicated that he was in              
          the trade or business of trading commodities futures contracts,             
          and he claimed his related expenses as ordinary and necessary               
          expenses of a trade or business.                                            
               We conclude that the use of a floor broker by petitioner               
          does not substantially alter the normal course of petitioner’s              
          commodities trading activity and that the earnings petitioner               
          realized therefrom in 1994 are subject to self-employment tax.              
               In Kovner v. Commissioner, 94 T.C. 893, 906 (1990), for                
          purposes of qualifying losses as ordinary losses under sec.                 
          108(a) of the Deficit Reduction Act of 1984, Pub. L. 98-369, 98             








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