-52- at a loss in 1979. Because the losses were on purchased puts, they purportedly qualified for ordinary loss treatment under section 1234.42 The $163,666 in net short-term capital gain Tandrill reported for 1979 represents the excess of its short-term capital gains of $1,736,366 over its short-term capital losses of $1,572,700. Tandrill realized its short-term capital gains on put options on Treasury bills and the short-term capital losses from the loss legs of futures straddles on gold, silver, copper, and Treasury bills.43 Tandrill’s $1,509,077 of long-term capital gain for 1980 resulted from the closing out of Tandrill’s commodity futures straddles. We are convinced that Tandrill’s overall trading strategy was geared toward the assurance of tax savings for its partners rather than a real profit motive. See, e.g., Leslie v. Commissioner, T.C. Memo. 1996-86 (dealing with profit motive in gold futures transactions). And profit motive is the crucial test. See, e.g., Fox v. Commissioner, supra at 1021. 42 Sec. 1234(a)(1) provides that the character of the gain or loss on the sale or exchange of a purchased option is the same as the character of the gain or loss on the sale of the property to which the option relates. Because Treasury bills were at that time specifically excluded from the definition of a capital asset by sec. 1221(5), Tandrill reported the losses as ordinary losses. 43 Under sec. 1234(b), the character of the gain or loss recognized on the closing out of granted options is short-term capital gain or loss.Page: Previous 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Next
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