- 10 - at 1043. Petitioner’s problem is that he fails to satisfy the second, equally important requirement for trader status, that his purchases and sales of securities be “frequent, regular, and continuous”. See Boatner v. Commissioner, supra. Because 303, or approximately 94 percent, of the 323 transactions in which petitioner either purchased or sold securities during 1999 occurred in the February to April timeframe, with the balance occurring in January, May, and July and no trades occurring in any of the other 6 months, petitioner’s 1999 trading activity reasonably qualified as “frequent, regular, and continuous” only during February, March, and April.5 Moreover, throughout 1999, petitioner maintained a full-time job as a computer chip engineer. In the cases in which taxpayers have been held to be traders in securities, the number and frequency of transactions indicated that they were engaged in market transactions almost daily for a substantial and continuous period, generally exceeding a single taxable year; and those activities constituted the taxpayers’ sole or primary income-producing activity. See Levin v. United 5 In his purported election of the mark-to-market accounting method, petitioner represents that he became a “daily trader” as of Jan. 1, 1999. Moreover, his 2000 and 2001 returns report his gains and losses from purchases and sales of securities on Schedule D, Capital Gains and Losses, not on Schedule C, Profit or Loss From Business. Thus, the evidence indicates that petitioner’s daily trading activities occurred only during the 3 months of February, March, and April 1999.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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