Edward S. Cullin - Page 12

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                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,                                   






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