- 9 - associated with any other property that he owned. As the finder of fact, when we issued our Opinion we were, and we are now, unable to make any such findings based on the record presented to us in these cases. We found Mr. Gordon's testimony regarding his alleged hedging activities to be general, vague, and conclusory and found the entire record before us to be unclear about the nature and extent of any such activities. That is precisely why we found that Mr. Gordon failed to establish that he held the options that generated the 1986 net trading loss for the purposes specified in section 1256(f)(3)(B), rather than finding that the record established that he did not so hold those options.6 However, as we stated in our Opinion, that finding "does not necessarily mean that Mr. Gordon did not hold any of the options that generated his 1986 net trading loss for the purposes speci- fied in section 1256(f)(3)(B)." Our review of the entire record in these cases left a question in our mind about whether or not Mr. Gordon was engaged in hedging activities during 1986 that fit within section 1256(f)(3)(B). That question was reinforced by Mr. Gordon's claims in his trial memorandum as well as throughout his opening and answering briefs that the 1986 net trading loss 6 Respondent also believed that the record relating to the nature and extent of Mr. Gordon's alleged hedging activities was unclear. Consequently, respondent argued on brief that we should resolve the question presented to us under sec. 1256(f)(3)(B) based on Mr. Gordon's failure to satisfy his burden of proof on that issue.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011