Legal Opinion

Miller v. Commissioner

United States Tax Court

Decided July 23, 1981No. Docket No. 15026-79Published

Petitioner executed over 450 separate trades of securities, was provided office space and a desk at a stock brokerage firm, devoted his entire work day (always spent at the stock brokerage firm) and much of his spare time to investment activities and research and analysis, and considered himself a trader in securities.

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Petitioner executed over 450 separate trades of securities, was provided office space and a desk at a stock brokerage firm, devoted his entire work day (always spent at the stock brokerage firm) and much of his spare time to investment activities and research and analysis, and considered himself a trader in securities. Held, since petitioner's only income was from dividends, interest, and capital gains, he derived no "compensation" within the meaning of sec. 219, I.R.C. 1954, and accordingly is not entitled to a deduction for a $ 1,500 contribution to an individual retirement account (IRA).…

1Opinion of the Court

Robert Miller and Clarice Miller, Petitioners v. Commissioner of Internal Revenue, Respondent

Miller v. Commissioner

Docket No. 15026-79

United States Tax Court

77 T.C. 97; 1981 U.S. Tax Ct. LEXIS 99; 2 Employee Benefits Cas. (BNA) 1678;

July 23, 1981, Filed

Decision will be entered for the respondent.

Petitioner executed over 450 separate trades of securities, was provided office space and a desk at a stock brokerage firm, devoted his entire work day (always spent at the stock brokerage firm) and much of his spare time to investment activities and research and analysis, and considered himself a…

2Cases cited8 opinions

  1. Higgins v. CommissionerSupreme Court of the United States · 1941
  2. Orzechowski v. CommissionerUnited States Tax Court · 1978
  3. Richard W. And Janet Orzechowski v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1979
  4. Gentile v. CommissionerUnited States Tax Court · 1975
  5. Levin v. United StatesUnited States Court of Claims · 1979

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