Frank Chen - Page 5

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          the heading “RULING REQUESTED”, petitioner “[requests] Service              
          authority [to] implement mark-to-market accounting methods [sic]            
          to Jan. 1, 1999,” and he affirmatively states that he became a              
          daily trader effective as of that date.                                     
                                       OPINION                                        
          I.  Background:  Effect of Trader Status and a Mark-To-Market               
          Election Under Section 475(f)                                               
               Assuming that, during 1999, petitioner was engaged in a                
          trade or business (sometimes, without distinction, business) as a           
          “trader in securities”, he would have been eligible to elect to             
          “recognize gain or loss on any security held in connection with             
          such trade or business at the close of any taxable year as if               
          such security were sold at its fair market value * * * [at                  
          yearend]”.  Sec. 475(f)(1)(A)(i).  In general, any gains or                 
          losses with respect to such securities, whether deemed sold at              
          yearend under the mark-to-market method of accounting or actually           
          sold during the taxable year, “shall be treated as ordinary                 
          income or loss.”  Sec. 475(d)(3)(A), (f)(1)(D).  If, during 1999,           
          petitioner was in business as a trader in securities and he made            
          a mark-to-market election under section 475(f)(1) with respect to           
          sales of securities held in connection with that business,                  
          petitioner’s 1999 net loss from that business would be an                   
          ordinary loss, deductible in full under section 165(c)(1).                  
          Conversely, if petitioner is considered an investor in securities           
          during 1999, or, assuming trader status, he failed to make an               





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