- 25 - return on investment, and that tax benefits were purely coinci- dental. We disagree. This Court in Ewing v. Commissioner, 91 T.C. 396 (1988), stated that the phrase "entered into for profit" as used in DEFRA section 108(a) is to be interpreted by reference to the standard applied under section 165(c)(2). Ewing v. Commissioner, supra at 417. The Court in Ewing used the guidelines provided in Fox v. Commissioner, 82 T.C. 1001 (1984), to determine whether the Hunter gold straddle transactions were entered into primarily for profit. Id. In Fox v. Commissioner, supra at 1021, this Court concluded that section 165(c)(2) requires that profit be the primary motive if a loss from a straddle transaction is to be deductible. The Court stated that profit need not be the sole motive for engaging in a straddle transaction, but that a mere incidental profit motive would be insufficient. Id. at 1019 (citing Ewing v. Commissioner, 20 T.C. 216, 233 (1953), affd. 213 F.2d 438 (2d Cir. 1954)). To determine whether a straddle transaction was entered into for profit, Fox provides the following guidelines: (1) The ultimate issue is profit motive and not profit potential. However, profit potential is a relevant factor to be considered in determining profit motive. (2) Profit motive refers to economic profit independent of tax savings.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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