Robert E. Corrigan - Page 41

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          he was not and he failed to disclose that he was a broker or                
          dealer in options.  See, e.g., Little v. Commissioner, T.C. Memo.           
          1993-281, affd. 106 F.3d 1445 (9th Cir. 1997).                              
               In conjunction with the option trading question, we                    
          allocated between petitioner and Mrs. Corrigan the capital                  
          gains/losses from three separate accounts for 1987, 1990, and               
          1991.  We note that of the three accounts in question, one was in           
          petitioner’s name, one in Mrs. Corrigan’s, and one was jointly              
          held between petitioner and Mrs. Corrigan.  Petitioner and Mrs.             
          Corrigan (from whom he was divorced at all pertinent times)                 
          attempted to file joint returns for 1987 through 1991.  As a                
          matter of law, they were not entitled to do so.  Accordingly, we            
          held that petitioner was not entitled to combine the gains and              
          losses of the three accounts for reporting purposes.  There was,            
          however, no disclosure made on the returns indicating that                  
          petitioner and Mrs. Corrigan were divorced or that they were                
          otherwise justified in filing a joint return.  Likewise, it was             
          not reasonable to claim joint filing status at a time when                  
          petitioner knew he was divorced.  There was therefore no adequate           
          disclosure or reasonable cause for the position reported by                 
          petitioner.  We accordingly hold that the substantial                       
          understatement addition is applicable with respect to this                  
          adjustment for 1987.                                                        







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