- 29 - service to the public, being placed in a position of taking on massive positions, responding to public orders, [and] * * * my motivation was not wholly for self-profit * * * * * * * * * * * * * I was a dealer. * * * I hedged more than 80% of my transactions and all of my inventory was taken on so that the public interest could be served. All of this inventory was for resale and allows [sic] me under Public Law 98-369 [the Deficit Reduction Act of 1984] to report gains and losses as ordinary. To support her contention that Mr. Gordon's 1986 net trading loss is a capital loss, respondent asserts: (1) Pursuant to section 1256(f)(3)(A), that loss, which Mr. Gordon realized from trading options as an options market maker, constitutes a loss from the sale or exchange of a capital asset; (2) the exception in section 1256(f)(3)(B) to the treatment required by section 1256(f)(3)(A) for certain hedging transactions does not apply to that loss; and (3) therefore, pursuant to section 1256(a)(3), 40 percent of that loss is treated as a short-term capital loss and the remaining 60 percent is treated as a long-term capital loss.12 Section 1256(f)(3), which is headed "Capital Gain Treatment For Traders in Section 1256 Contracts", provides in pertinent 12 Respondent also contends, in the alternative, that Mr. Gordon’s 1986 net trading loss is a capital loss because it resulted from the sale of options that are capital assets within the meaning of sec. 1221. In light of our holding that that loss constitutes a capital loss pursuant to sec. 1256(f)(3)(A), we shall not address respondent's contention under sec. 1221.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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