12albion
2theleastofus
1albion
Margaret Fuller3 360x1000
George M Cohan and Lerarned Hand 360x1000
Learned Hand 360x1000
lifeinmiddlemarch1
6albion
2lafayette
Maurice B Foley 360x1000
Margaret Fuller5 360x1000
6confidencegames
Anthony McCann2 360x1000
Gilgamesh 360x1000
3defense
1confidencegames
299
4confidencegames
3paradise
Mary Ann Evans 360x1000
11632
LillianFaderman
2confidencegames
3theleastofus
8albion'
George F Wil...360x1000
2falsewitness
2trap
Tad Friend 360x1000
3confidencegames
2jesusandjohnwayne
1theleasofus
Susie King Taylor2 360x1000
1empireofpain
storyparadox3
James Gould Cozzens 360x1000
Ruth Bader Ginsburg 360x1000
2defense
10abion
9albion
Storyparadox1
3albion
2transadentilist
Lafayette and Jefferson 360x1000
5confidencegames
Spottswood William Robinson 360x1000
Thomas Piketty3 360x1000
4albion
Brendan Beehan 360x1000
2albion
1defense
2gucci
13albion
Office of Chief Counsel 360x1000
1falsewitness
1paradide
14albion
1gucci
Thomas Piketty2 360x1000
Maria Popova 360x1000
Margaret Fuller2 360x1000
Adam Gopnik 360x1000
Stormy Daniels 360x1000
1lauber
1trap
1lafayette
Betty Friedan 360x1000
399
Margaret Fuller4 360x1000
Richard Posner 360x1000
2paradise
Edmund Burke 360x1000
AlexRosenberg
Margaret Fuller 360x1000
1madoff
2lookingforthegoodwar
499
7confidencegames
lifeinmiddlemarch2
Samuel Johnson 360x1000
1jesusandjohnwayne
7albion
Anthony McCann1 360x1000
Mark V Holmes 360x1000
199
11albion
Thomas Piketty1 360x1000
storyparadox2
Susie King Taylor 360x1000
Margaret Fuller 2 360x1000
1transcendentalist
Margaret Fuller1 360x1000
1lookingforthegoodwar
5albion

Originally published on Passive Activities and Other Oxymorons on April 8th, 2011.
____________________________________________________________________________
VINES v. COMM., Cite as 107 AFTR 2d 2011-XXXX, 03/24/2011

I won’t make you hold your breath for the punch line.  As with real estate and many other endeavors, the only sure way to make a small fortune in day trading is to start with a large fortune.  Of course the small fortune may be a stepping stone to no fortune.  Mr. Vines was a veteran attorney who settled a class action suit receiving fees in the vicinity of 25 million dollars.  Maybe a bit over 10 million (allowing for taxes and a few celebratory impulse purchases) isn’t exactly a large fortune.  I mean if you’re married they won’t even bother taxing a joint estate with a lousy 10 mil any more, I’m going to stick my neck out a call it a moderately large fortune.

Having done so well as an attorney, he decided to take up day trading.  He did moderately well initially, but in relatively short order lost 23 million.  Kind of odd because by my reckoning he would have had maybe 16 million tops to start with.  Well meaning no disrespect to the profession but attorneys in general have pretty strong egos or at least that’s what they project.  So Mr. Vine threw the whole 25 million into his day trading and thanks to the magic of margin loans was able to lose almost all of it before his taxes were due.

The IRS assessed a failure to pay penalty.  Talk about rubbing salt into the wound.  I mean he would have paid, probably anyway, if he had the money.  He just didn’t have it.  Tough luck, says the Court:

A failure to pay will be considered to be due to reasonable cause to the extent that the taxpayer has made a satisfactory showing that he exercised ordinary business care and prudence in providing for payment of his tax liability and was nevertheless … unable to pay the tax…. Further, a taxpayer who invests funds in speculative … assets has not exercised ordinary business care and prudence in providing for the payment of his tax liability unless, at the time of the investment, the remainder of the taxpayer’s assets and estimated income will be sufficient to pay his tax or it can be reasonably foreseen that the speculative or illiquid investment made by the taxpayer can be utilized (by sale or as security for a loan) to realize sufficient funds to satisfy the tax liability.

Somewhere in this story, there is a lesson.  When I figure it out, I will let you know.