- 6 - Commissioner, 90 T.C. 753, 754 (1988). We conclude that there is no genuine issue of material fact regarding the question raised in respondent’s motion for partial summary judgment, and a decision of that question may be rendered as a matter of law. Respondent argues that even if Mr. Lehrer was a “trader in securities” during the years in issue, he failed to make an effective mark-to-market election pursuant to Rev. Proc. 99-17, 1999-1 C.B. 503. Petitioners concede that they did not make a mark-to-market election on their tax returns but argue that an effective mark-to-market election was made on their first amendment to petition to this Court. Further, petitioners argue that Rev. Proc. 99-17, supra, lacks “precedential value as it simply announces the Service’s position.” A taxpayer engaged in a trade or business as a trader in securities is eligible to elect to recognize gain or loss on any security held in connection with his trade or business at the close of the taxable year as if the security were sold for its fair market value at yearend. Sec. 475(f)(1)(A)(i);2 see Chen v. 2 SEC. 475(f). Election of Mark to Market for Traders in Securities or Commodities.-- (1) Traders in securities.-- (A) In general.--In the case of a person who is engaged in a trade or business as a trader in securities and who elects to have this paragraph apply to such trade or business-- (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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