BIELFELDT V. COMMISSIONER 231 F.3d 1035 (7th Cir. 2000) CASE BRIEF

BIELFELDT V. COMMISSIONER
231 F.3d 1035 (7th Cir. 2000)
NATURE OF THE CASE: Gary Bielfeldt (P), a large trader in U.S. Treasury notes and bonds, seeks to overturn a decision by the Tax Court denying him the right to offset immense trading losses that he incurred in the1980s against all but $3,000 a year in ordinary income.
FACTS: P claims to be a dealer and that the losses he incurred in the sale of the Treasury securities were losses connected with his dealer's 'stock in trade.' If this were so, P claims that such losses, even when they result as his did from the sale of a capital asset, are treated as ordinary rather than capital losses and can therefore be fully offset against ordinary income. 26 U.S.C. sec. 1221(1). P appealed from adverse determinations.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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