- 14 - that section.9 Nor did she make any arguments on brief address- ing the impact of section 1256(f)(3)(B) and Mr. Gordon's alleged hedging activities on the resolution of the issue presented under section 6013(e)(2)(B). Indeed, Ms. Gordon made no mention what- soever on brief of section 1256(f)(3)(B).10 It was only after Ms. Gordon reviewed our findings and conclusions with respect to the section 6013(e)(2)(B) issue with which she was not satisfied that she decided to advance for the first time in her motion for reconsideration arguments relating to the effect of section 1256(f)(3)(B) and Mr. Gordon's alleged hedging activities on the resolution of the issue presented under section 6013(e)(2)(B). We find that the arguments that Ms. Gordon is advancing with 9 In fact, the only mention by Ms. Gordon on brief of Mr. Gordon's claimed hedging activities is in Ms. Gordon's answering brief where she objects to the following finding of fact proposed by respondent: "Mr. Gordon alleges that 80% of his trades were hedging transactions although he never identified any of his trades as a hedging transaction." In objecting to that proposed finding of respondent, Ms. Gordon states: "Petitioner objects to this proposed finding to the extent it deals with Mr. Gordon's 'allegations' of hedging. Mr. Gordon's hedging activities, if any, were related to protecting his option positions. Mr. Gordon did use options to hedge other positions." We found Ms. Gordon's statement in that objection about "Mr. Gordon's hedging activities, if any," to be an acknowledgment by Ms. Gordon that the record as it relates to Mr. Gordon's hedging activities was not clear and required further development. 10 Nor did Ms. Gordon mention sec. 1256(f)(3)(A) on brief. As we indicated in our Opinion, Ms. Gordon did not even argue on brief that, on the record presented, that section, and not sec. 1256(a)(3), requires that the 1986 net trading loss be treated as a loss from the sale or exchange of a capital asset.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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