Robert E. Corrigan - Page 20

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          petitioner is a trader or investor only because the expenses                
          petitioner claimed for Corrigan Enterprises would not be trade or           
          business expenses if petitioner were an investor.  Having found             
          that petitioner is not entitled to the deductions he claimed for            
          Corrigan Enterprises, we need not determine whether petitioner is           
          a trader or investor.                                                       
               III.  Capital Gains and Losses                                         
               Although petitioner attempted to file joint Federal income             
          tax returns, he was not entitled to do so because he and Mrs.               
          Corrigan were divorced at the time he attempted to file.  Had               
          petitioner and Mrs. Corrigan been entitled to file joint returns,           
          it would not matter that the gains and losses from the joint                
          account and Mrs. Corrigan’s account were netted with the gains              
          and losses in petitioner’s account.  Because petitioner and Mrs.            
          Corrigan were not entitled to file joint returns, we must decide            
          whether petitioner was entitled to report the gains or losses               
          from each of the three accounts.                                            
               When transacted through a brokerage account, gains and                 
          losses from the sale of stock and options are reportable by the             
          owner of the account in the absence of any evidence demonstrating           
          that another person is the true or equitable owner.  See Ruth v.            
          Commissioner, 962 F.2d 14 (9th Cir. 1992), affg. without                    
          published opinion T.C. Memo. 1991-30.                                       







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