- 18 - sickness, even if it were for punitive damages. Accordingly, we hold that petitioner has not shown that he is entitled to exclude the $325,000 settlement from his gross income. II. Commodity and Option Trading Activity During the years under consideration, petitioner was a successful stockbroker earning annual commissions ranging from $200,000 to in excess of $1 million. In addition, during the years under consideration, petitioner claimed to be in the trade or business of trading options and commodities. Substantially all of the transactions reported from this activity consisted of option trading in three separate stock brokerage trading accounts. The three accounts included one in petitioner’s name, one held jointly with Mrs. Corrigan, and one in Mrs. Corrigan’s name. Likewise, the cost of goods sold reflected on the Schedules C was, in substantial part, the purchase price of the options that had been sold. In addition to the cost of goods sold, petitioner claimed deductions for various expenses. The activity was reported on the Schedules C under the name “Corrigan Enterprises”, and losses were claimed for 1987, 1988, 1989, and 1991 of $96,098, $25,774, $124,073, and $34,907, respectively. Respondent determined that this activity produced capital rather than ordinary gains and losses. In addition, respondent allocated the gains and losses between petitioner and Mrs. Corrigan in accord with their ownership of the accounts,Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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