Frank Chen - Page 11

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          States, 220 Ct. Cl. 197, 597 F.2d 760 (1979); Fuld v.                       
          Commissioner, 139 F.2d 465 (2d Cir. 1943), affg. 44 B.T.A. 1268             
          (1941).  Conversely, where, as in this case, (1) the taxpayer’s             
          daily trading activities covered only a portion of a single                 
          taxable year, and (2) securities trading was not the sole or even           
          primary activity in which the taxpayer engaged for the production           
          of income, trader status was denied.  See Paoli v. Commissioner,            
          T.C. Memo. 1991-351.  Daily trading in securities for only a                
          quarter of a single taxable year is reasonably characterized as             
          “sporadic” rather than “frequent, regular, and continuous”, and,            
          therefore, insufficient to achieve trader status.  Boatner v.               
          Commissioner, supra; see also Commissioner v. Groetzinger, supra.           
               C.  Conclusion                                                         
               Petitioner failed to qualify as a trader in securities                 
          during 1999.                                                                
          IV.  Effect of Petitioner’s Purported Retroactive Election of the           
               Mark-to-Market Method of Accounting Under Section 475(f)               

               Because we find that petitioner was not a trader in                    
          securities during 1999, a mark-to-market election under section             
          475(f) is not available to petitioner for that year.  Sec.                  
          475(f)(1).  Therefore, we do not address petitioner’s argument              
          that he was improperly denied the right to make such an election.           








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