T.C. Memo. 2007-244 UNITED STATES TAX COURT LEE B. ARBERG AND MELISSA A. QUINN, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 15376-05. Filed August 27, 2007. Prior to 1999, a brokerage account at E Trade Securities, Inc., was established in the name of P-W. For 1999, P-W filed a separate return reporting capital gain income from activity in the E Trade account. For 2000, Ps contend that losses generated in the E Trade account are entitled to ordinary income treatment by reason of a business of P-H as a trader in securities and that various expenses should be allowed as deductions of the securities trading business and/or a consulting business of P-H. Held: Gains and losses in the E Trade account must be attributed to P-W and are capital in nature. Held, further, Ps are not entitled to expense deductions in excess of those allowed by R. Held, further, Ps are liable for the accuracy- related penalty pursuant to sec. 6662, I.R.C., for 2000.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007