- 30 - Finally, the alternative liquidation techniques (i.e., cancellations and assignments) developed by Avram Salkin were used by Hunter to sell prospective investors on a scheme to achieve tax avoidance. Id. Specifically, the "cancellation" technique was devised so that its proponents could claim ordinary loss treatment rather than capital loss treatment. The "assignment" procedure was contrived so that Hunter investors could characterize straddle gains as long-term capital gains instead of short-term capital gains. However, to utilize these techniques and obtain their purported tax benefits, petitioner paid more in commissions and fees than he would have incurred had he liquidated his futures contract the usual way, by means of offset. Id. at 400, 419. For example, under Hunter's "Current Policies and Fees" statement, petitioner was charged a fee of $15,520.14 for canceling 175 gold futures contracts on December 10, 1980. Had petitioner offset his 175 gold contracts instead of "canceling" those positions, his fee would have only been $1,750. The Court believes that petitioner was willing to pay substantially more fees to obtain ordinary loss deductions in the amounts of $1,506,000 and $55,200 for 1980 and 1981, respectively, espe- cially since petitioners deducted the fees on their 1980 and 1981 Federal income tax returns. For the reasons stated above, we hold that petitioners' motives in entering into these transactions, despite theirPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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