Commissioner of Internal Revenue v. Burnett

McCORD, Circuit Judge.

For many years the taxpayer, Mrs. O. L. Burnett, has been engaged in buying and selling stocks and commodities on her own account through brokers on margin. She maintained an office in the First National Bank Building in Fort Worth, Texas, and, although not engaged in the brokerage business, she bought stocks and commodities through a yearly average of 584 transactions involving many thousands of dollars. In addition to stock and commodity trading Mrs. Burnett acted as consultant and adviser to the trustees of the Estate of S. B. Burnett, of which estate she was a…