Theodore A. Andros and Joan B. Andros - Page 52

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         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.                                                       




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