-43- 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,Page: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
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