Beverly Gordon - Page 8

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          ordinary, and not a capital, loss because of the hedging nature             
          of his transactions.5                                                       
               Ms. Gordon contends that even if Mr. Gordon had claimed that           
          he held most of the options that generated the 1986 net trading             
          loss for the purposes specified in section 1256(f)(3)(B), she               
          nonetheless satisfied her burden of proof under section                     
          6013(e)(2)(B).  That is because, according to Ms. Gordon, the               
          "record clearly establishes that Mr. Gordon did not hold any of             
          his options for the purposes specified in �1256(f)(3)(B), and               
          that �1256(f)(3)(B) does not provide a substantial legal argument           
          for Mr. Gordon's claimed ordinary loss deduction in 1986."  To              
          support her position, Ms. Gordon points, inter alia, to Mr.                 
          Gordon's testimony that (1) he used certain options to hedge the            
          risks that were associated with certain other options, (2) he               
          used common stock to hedge the risks that were associated with              
          certain other options, and (3) he held the common stock that he             
          had in his "account" as a "hedge."  Based on that testimony, Ms.            
          Gordon concludes that the hedging activities about which Mr.                
          Gordon testified were the only hedging activities in which he was           
          involved and that Mr. Gordon did not use the options that gener-            
          ated the 1986 net trading loss to hedge the risks that were                 

          5  For example, Mr. Gordon contended in his answering brief that            
          "IRC Code 1256 Treas Reg. 1.1221-2 states" that "To qualify for             
          ordinary treatment as a hedging transaction taxpayer must show              
          that the options served to reduce risk with respect to ordinary             
          property".                                                                  





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