- 37 - be treated as those of Ms. Quinn, whether because of the duty of consistency or because petitioners have failed to meet their burden of proof in overcoming the basis for respondent’s deficiency determinations. As a consequence of the above; i.e., that transactions in the E Trade account cannot be treated as those of Mr. Arberg, in conjunction with the fact that petitioners have never contended or proffered evidence to show that Mr. Arberg engaged in trading through other accounts in 2000 or that Ms. Quinn was a trader in securities, the Court need not probe further into the qualifications for trader status. A priori, one to whom particular securities transactions cannot be attributed cannot be said to be in the business of trading those securities for his or her own account. Section 475(f) trader status and attendant ordinary loss treatment is thus unavailable in any event. III. Expense Deductions Deductions are a matter of “legislative grace”, and “a taxpayer seeking a deduction must be able to point to an applicable statute and show that he comes within its terms.” New Colonial Ice Co. v. Helvering, 292 U.S. at 440; see also Rule 142(a). As a general rule, section 162(a) authorizes a deduction for “all the ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business”. An expense is ordinary for purposes of this section if it isPage: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 NextLast modified: November 10, 2007