Opinion

Ortiz v. Commissioner

  • 42 B.T.A. 173
  • 1940 BTA LEXIS 1040
Court
United States Board of Tax Appeals
Filed
Jun 21, 1940
Status
Published
Author
Mtjrdock
On the bench
Mtjrdock, Arnold, Mellott
Cited by
9 cases

Reversed by Helvering v. Wilmington Trust Co., 124 F.2d 156 (1941)

where taxpayer was an “active trader” and made “many short sales,” gave “active attention to all purchases and sales,” most of which she directed herself, “spent time at the brokers’ offices” and phoned her agents daily, her activities comprised a “trade or business”

How later courts described this case

  • where taxpayer was an “active trader” and made “many short sales,” gave “active attention to all purchases and sales,” most of which she directed herself, “spent time at the brokers’ offices” and phoned her agents daily, her activities comprised a “trade or business”

Written by the judges who cited it.

The opinion

MtjRdock,

concurring: The petitioner’s brokerage accounts were combined in such a way that the sales involved in the first issue were not accounted for as short sales. Those sales were not made as short sales have to be made on the Exchange. It follows that they were not short sales. It is immaterial here that they were partially accounted for in an account called a short account.

Mellott concurs in the above.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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