Stanley C. Cameron - Page 7




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          Commissioner, supra at 34; see also Whipple v. Commissioner, 373            
          U.S. 193, 202 (1963); Higgins v. Commissioner, supra at 217;                
          Paoli v. Commissioner, supra; Beals v. Commissioner, T.C. Memo.             
          1987-171.  This result is the same notwithstanding the amount of            
          time the individual devotes to the activity.  Mayer v.                      
          Commissioner, supra.  Even “full-time market activity in managing           
          and preserving one’s own estate is not embraced within the phrase           
          ‘carrying on a business,’ and * * * salaries and other expenses             
          incident to the operation are not deductible as having been paid            
          or incurred in a trade or business.”  Commissioner v.                       
          Groetzinger, supra at 30.  Instead, an investor’s expenses may be           
          deductible under section 212 to the extent that expenses were               
          incurred in the production of income.4  Sec. 212; Whipple v.                
          Commissioner, supra at 200; United States v. Gilmore, 372 U.S.              
          39, 45 (1963).                                                              
               In determining whether a taxpayer who manages his own                  
          investments is a trader, nonexclusive factors to consider are:              
          (1) The taxpayer’s investment intent, (2) the nature of the                 
          income to be derived from the activity, and (3) the frequency,              
          extent, and regularity of the taxpayer’s securities transactions.           
          Moller v. United States, supra at 813.  For a taxpayer to be a              


               4 In contrast to trade or business expenses, a taxpayer’s              
          investment-related expenses that are deductible under sec. 212              
          are subject to a limitation under sec. 67(a) and do not reduce              
          alternative minimum taxable income.                                         





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