- 13 - transfer commission rebate. Hence, with a few concessions, petitioners’ revised position essentially restructured the reporting of their claimed business losses. The position did not, however, alter the substance of their stance that activity in the E Trade account should generate ordinary income and losses because Mr. Arberg qualified as a trader in securities and that various business expenses incurred by him were deductible under section 162. The examination culminated in the issuance of a notice of deficiency to petitioners’ for 2000 on May 18, 2005. The notice was based on the reporting in the original return. Respondent therein disallowed all income and expenses claimed on the Schedule C but permitted a portion of the disallowed expenses as miscellaneous unreimbursed employee expenses (principally of Mr. Arberg) or investment expenses (of Ms. Quinn) on Schedule A. The attached explanation of adjustments noted, inter alia, that “Melissa A. Quinn had not elected to use the Mark to Market Accounting Method for her trades in securities or commodities” and that petitioners had not established that the claimed expenses were incurred and/or paid for ordinary and necessary business purposes. The instant petition and litigation followed.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NextLast modified: November 10, 2007