Beverly Gordon - Page 29

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               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.                  





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