- 28 - and the interest limitations of section 163(d) do not apply. E.g., King v. Commissioner, supra at 457-463; Boatner v. Commissioner, supra. Investors likewise buy and sell for their own account, but they are not considered to be in the trade or business of selling securities. E.g., Groetzinger v. Commissioner, supra at 274-275; Moller v. United States, supra at 813; King v. Commissioner, supra at 458-459; Chen v. Commissioner, supra; Boatner v. Commissioner, supra; Mayer v. Commissioner, T.C. Memo. 1994-209. Expenses are deductible only under section 212 as itemized deductions, and deduction of interest is restricted by section 163(d). E.g., King v. Commissioner, supra at 460-461; Boatner v. Commissioner, supra; Mayer v. Commissioner, supra. Their transactions, too, are capital in nature. E.g., King v. Commissioner, supra at 457-459; Chen v. Commissioner, supra; Boatner v. Commissioner, supra. Nonetheless, a distinction, relevant here, exists between a trader and an investor with respect to capital treatment. Only a trader, and not an investor, is entitled to make a mark-to-market election pursuant to section 475(f), with the consequence that gains and losses are treated as ordinary in character under section 475(d)(3)(A)(i) and (f)(1)(D). E.g., Vines v. Commissioner, 126 T.C. 279, 287-288 (2006); Knish v. Commissioner, T.C. Memo. 2006-268; Lehrer v. Commissioner, T.C.Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 NextLast modified: November 10, 2007