Lee B. Arberg and Melissa A. Quinn - Page 37




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          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 is                







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