- 7 - asset under section 1221, that the character of gains or losses from a taxpayer’s buying and selling securities on his own account is capital and not ordinary, even though the taxpayer may be engaged in a trade or business with regard to such trading activity. See, e.g., Marrin v. Commissioner, 147 F.3d 147, 151 (2d Cir. 1998), affg. T.C. Memo. 1997-24; King v. Commissioner, supra at 458. Thus, the losses that petitioner sustained as a securities trader buying and selling stocks are capital losses, not ordinary losses. He may not offset his ordinary income in a taxable year, except to the extent of $3,000, with the capital losses sustained in that year. Secs. 172(d)(2), 1211(b). Because the amounts claimed as NOL carryovers were capital losses, respondent correctly disallowed the NOL carryover deductions as offsets to petitioner’s ordinary income in 2001 and 2002. Petitioner may offset any capital gains he had in the years in issue with his capital losses, and he may take an additional capital loss deduction of up to $3,000 per year for the excess losses that cannot be offset by capital gains. Sec. 1211(b). His nondeductible capital losses may be carried over to be deducted from capital gains in subsequent years. Sec. 1212(b). Because the losses sustained by petitioner in relation to his trading activity are capital and not ordinary in character, such excess capital losses carried over are deductible only inPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011