T.C. Memo. 2003-299 UNITED STATES TAX COURT HERMAN N. AND VERONICA WELTER, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 5041-01. Filed October 29, 2003. Ps incorporated their farming operations in 1993. Prior to the incorporation, P-H engaged in commodities trading activities through several brokerage accounts. After the incorporation, P-H continued to engage in such activities through those accounts. Ps treated the gains and losses from P-H’s commodities trading activities as ordinary income or loss, as applicable, on their 1994-96 Federal income tax returns. Held: Since P-H’s commodities trading activities do not constitute hedging transactions, gains and losses therefrom are capital in nature. Held, further, Ps are liable for penalties under sec. 6662, I.R.C., as determined by R. Bob A. Goldman, for petitioners. Lisa K. Hartnett, for respondent.Page: 1 2 3 4 5 6 7 8 9 Next
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