- 13 - her counsel, posed to Mr. Gordon at trial. In our view, those questions and Mr. Gordon's responses to them did not elucidate his testimony about the nature and extent of his alleged hedging activities during 1986. Ms. Gordon's counsel could have asked Mr. Gordon, but did not, whether he was engaged in any hedging activities in addition to the hedging activities about which he testified. If Mr. Gordon's response to that question had been in the affirmative, Ms. Gordon's counsel could have further clari- fied the record by asking Mr. Gordon to identify all the property that he claimed he hedged and all the property that he claimed he used as a hedge and to describe his activities relating to the property that he claimed he hedged so that we could have made a determination as to whether that property was property any loss with respect to which would have been an ordinary loss in Mr. Gordon's hands. See sec. 1256(f)(3)(B). It is also significant that although Ms. Gordon contends in her motion that, based on the record presented to us, we could, and should, have found in our Opinion that Mr. Gordon did not hold the options that generated the 1986 net trading loss for the purposes specified in section 1256(f)(3)(B), Ms. Gordon did not propose that we find any facts relating to Mr. Gordon's alleged hedging activities or otherwise relating to the requirements ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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