Beverly Gordon - Page 30

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          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, equity                   





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