- 18 - Supporting the contrary conclusion is his 2000 return, which contains no Schedule C for any trade or business. Finally, the Schedule D submitted by petitioner, which documents the securities sales giving rise to his claimed $55,778.28 loss, demonstrates to our satisfaction that petitioner did not employ mark-to-market accounting with respect to his securities. No securities were marked to market as of yearend 2000. In sum, petitioner's contention that he was entitled to recognize a $55,778.28 loss in 2000 on account of his being a "day trader" is groundless. Aside from his apparent reliance on section 475(f), petitioner's remaining argument against the application of the section 1211(b) limitation on his claimed losses is that the restriction is unfair or inappropriate for taxpayers in his circumstances and/or that the recognition of capital losses should not be limited because the recognition of capital gains is not. These arguments merit no discussion; the applicability of section 1211(b) to taxpayers in petitioner's circumstances is well established. See, e.g., Marrin v. Commissioner, T.C. Memo. 1997-24, affd. 147 F.3d 147 (2d Cir. 1998); see also Acharya v. Commissioner, 225 Fed. Appx. 391 (7th Cir. 2007); Jamie v. Commissioner, T.C. Memo. 2007-22. 3. Limitations Period Claims Petitioner also asserted in his pretrial memorandum that the periods for assessment and/or collection have expired withPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 NextLast modified: November 10, 2007