Shahrooz S. and Shida S. Jamie - Page 3

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          all Rule references are to the Tax Court Rules of Practice and              
          Procedure.  All amounts have been rounded to the nearest dollar.            
                                     Background                                       
               All of the facts have been stipulated as to petitioner, and            
          these stipulated facts are incorporated in our findings by this             
          reference.  Petitioners resided in Clay, West Virginia, at the              
          time that the petition was filed.                                           
               During the relevant period, petitioner was a licensed                  
          physician in Clay County, West Virginia.  During the years in               
          issue, petitioner also engaged in business as a “day trader” of             
          securities, buying and selling on his own account the same                  
          securities on the same day or within a few days (trading                    
          activity).  Petitioner engaged in the trading activity for the              
          sole purpose of profiting from short-term fluctuations in the               
          market price of securities.  Petitioner did not have any                    
          customers for his trading activity, did not earn or attempt to              
          earn any commissions with regard to his trading activity, and did           
          not maintain a place of business for his trading activity.                  
          Petitioner did not earn dividends or interest from the securities           
          in which he traded, and he did not engage in his trading activity           
          with the purpose of earning dividends or interest.  Petitioner              
          was not, for Federal income tax purposes, a dealer in the                   
          securities that he traded.                                                  







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