L.S. Vines - Page 6

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          Mr. Pearce did not advise petitioner of the availability of a               
          section 475(f) election.                                                    
               On or about June 4, 2000, Dr. James G. Sullivan (Dr.                   
          Sullivan), a friend of petitioner, visited petitioner at his                
          home.  Dr. Sullivan had helped petitioner set up the computers              
          that petitioner used to conduct his securities trading business.            
          During Dr. Sullivan’s June visit, petitioner told Dr. Sullivan              
          that he had suffered significant losses during the first quarter            
          of the 2000 taxable year and that, consequently, his DLJdirect              
          account had been liquidated on April 14, 2000.  Dr. Sullivan knew           
          several professional “day traders” and informed petitioner that             
          he might be able to deduct his security losses as ordinary                  
          losses.  Before Dr. Sullivan’s June visit, petitioner had no                
          indication that petitioner might be able to claim ordinary losses           
          for his securities trading business.                                        
               On the next day, June 5, 2000, petitioner attempted to                 
          contact another accountant, Charles E. Sellers (Mr. Sellers),               
          regarding the possibility of deducting his losses as a securities           
          trader.  On June 6, 2000, petitioner spoke with Mr. Sellers by              
          telephone and told him that Dr. Sullivan had suggested that                 
          petitioner might be able to deduct his losses as a securities               
          trader as ordinary losses.   At the time of petitioner’s                    
          telephone conversation with Mr. Sellers, Mr. Sellers was unaware            
          of section 475(f) and the mark-to-market election available to              






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