Stanley C. Cameron - Page 6




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          expenses are deductible, they are deductible as “below the line”            
          deductions pursuant to section 212.  We agree with respondent.              
               The Internal Revenue Code does not define the term “trade or           
          business”.  Commissioner v. Groetzinger, 480 U.S. 23, 27 (1987);            
          Estate of Yaeger v. Commissioner, 889 F.2d 29, 33 (2d Cir. 1989),           
          affg. 92 T.C. 180 (1989).  Whether petitioner’s activities                  
          constituted a trade or business is a question of fact.  See                 
          Higgins v. Commissioner, 312 U.S. 212, 217 (1941); Estate of                
          Yaeger v. Commissioner, supra at 33; Mayer v. Commissioner, T.C.            
          Memo. 1994-209; Paoli v. Commissioner, T.C. Memo. 1991-351.                 
          Petitioner has the burden of proof.  See Rule 142(a)(1); Welch v.           
          Helvering, 290 U.S. 111, 115 (1933).3                                       
               In determining whether a taxpayer’s trading activities                 
          constituted a trade or business, courts have distinguished                  
          between “traders” and “investors”.  Moller v. United States, 721            
          F.2d 810, 813 (Fed. Cir. 1983); see also Levin v. United States,            
          220 Ct. Cl. 197, 597 F.2d 760, 765 (1979).  Management of                   
          securities investments, regardless of the extent and scope of               
          such activity, is seen as the work of a mere investor, “not the             
          trade or business of a trader.”  Estate of Yaeger v.                        

               3 Under sec. 7491(a)(1), the burden of proof may shift to              
          the Commissioner if the taxpayer introduces credible evidence               
          with respect to any factual issue relevant to ascertaining the              
          taxpayer’s proper tax liability and meets certain requirements              
          under sec. 7491(a)(2).  Petitioner did not raise an issue as to             
          the application of sec. 7491, and we find that section is                   
          inapplicable to this case.                                                  





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