Theodore A. Andros and Joan B. Andros - Page 43

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          the primary asset.  In fact, Mr. Natenburg believes Tandrill paid           
          more for some of the option hedges than they could ever be worth.           
          The Relevant Law                                                            
               Section 165(c)(2) provides that, in the case of an individual,         
          the deduction for losses set forth in section 165(a) is limited to          
          “losses incurred in any transaction entered into for profit, though         
          not connected with a trade or business”.  Accordingly, in order for         
          Tandrill’s losses to be deductible, petitioners must establish that         
          the transactions giving rise to them were “entered into for                 
          profit”.  Fox v. Commissioner, 82 T.C. 1001, 1018 (1984); Smith v.          
          Commissioner, 78 T.C. 350, 390 (1982).  For this purpose, “profit”          
          means economic profit, independent of tax savings.  Surloff v.              
          Commissioner, 81 T.C. 210, 233 (1983).                                      
               Section 108 of the Deficit Reduction Act of 1984, Pub. L. 98-          
          369, 98 Stat. 494, 630, as amended by section 1808(d) of the Tax            
          Reform Act of 1986, Pub. L. 99-514,  100 Stat. 2817, provides as            
          follows:                                                                    

               SEC. 108. TREATMENT OF CERTAIN LOSSES ON STRADDLES ENTERED             
          INTO BEFORE EFFECTIVE DATE OF ECONOMIC RECOVERY TAX ACT OF 1981.            
                   (a) General Rule.--For purposes of the Internal                    
              Revenue Code of 1954, in the case of any disposition of                 
              1 or more positions--                                                   
                   (1) which were entered into before 1982 and form                   
                   part of a straddle, and                                            
                   (2) to which the amendments made by title V of the                 
                   Economic Recovery Tax Act of 1981 do not apply,                    






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