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

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.