- 30 - part: (A) In general.--For purposes of this title, gain or loss from trading of section 1256 contracts shall be treated as gain or loss from the sale or exchange of a capital asset. (B) Exception for certain hedging transactions.-- Subparagraph (A) shall not apply to any section 1256 contract to the extent such contract is held for pur- poses of hedging property if any loss with respect to such property in the hands of the taxpayer would be ordinary loss. The following legislative history is instructive in constru- ing section 1256(f)(3)(A): Historically, options market makers on securities exchanges have reported ordinary income or loss from their options transactions as well as from transactions in the property subject to the option. Commodity traders derive capital gain or loss from their * * * [regulated futures contracts] transactions and are subject to mark-to-market and 60/40 treatment. * * * * * * * The House bill changes the claimed present-law treatment of options market makers and codifies present law with respect to professional commodity traders by providing that both categories of traders are treated as buying and selling capital assets, except to the extent that an option or future is acquired to hedge property that would generate ordinary income or loss. An options dealer is defined as any person who is registered with the SEC and an appropriate national securities exchange as a market maker or specialist in listed options. Under the bill, an options dealer would not recognize ordinary income or loss with re- spect to his stock and securities transactions, unless the taxpayer is a dealer in stock and securities under general Federal income tax rules (determined without regard to whether options in such property produce ordinary income or loss). In addition to nonequity options, which are marked-to-market in the hands of all holders, equityPage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011