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