Robert L. Perkins - Page 18




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          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 with                  







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