- 12 - commodity futures trading accounts "to hedge or solve" two problems that affected the manuscript he wrote describing a system for trading commodity futures and, thereby, to "insure and protect the copyright property's value and worth as an income producing property." According to petitioner, the manuscript is property described by section 1221(3) and is not included in the term "capital asset". Thus, according to petitioner, the losses he incurred trading commodity futures were incurred to "hedge" against the decrease in the value of the manuscript and "should receive ordinary treatment as well." As authority, petitioner cites Corn Products Refining Co. v. Commis- sioner, 350 U.S. 46 (1955), and FNMA v. Commissioner, 100 T.C. 541 (1993). There is no precise or ready definition of the term "hedging". Wool Distrib. Corp. v. Commissioner, 34 T.C. 323, 330 (1960). Generally, it is a label applied to certain futures transactions which, on all the facts and circumstances, have been found to be a form of price insurance and thus connected so closely with the regular conduct of a trade or business as to defy classification as extraneous investments. Id. at 330-331. Whether a transaction constitutes a hedge for Federal income tax purposes is a question of fact. FNMA v. Commissioner,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011