- 31 - options held by options dealers are also subject to the mark-to-market rule and 60/40 treatment. * * * * * * * The conference agreement eliminates the reference to registration with the SEC in the definition of "options dealer" * * *. Further, the conferees intend that the capital gain or loss status of options traded in the normal course of an options dealer's activity in trading options is to be determined without regard to the identification requirement of sec. 1236. [H. Conf. Rept. 98-861, at 899, 903, 909, 1984-3 C.B. (Vol. 2) 153, 157, 163; emphasis added.] See also S. Prt. 98-169 (Vol. 4), at 285, 289 (1984). Respondent contends, and Mr. Gordon does not dispute, that each of the options that Mr. Gordon traded during 1986 as an options market maker is a "section 1256 contract" within the meaning of section 1256(b)(3) or (4) because each of those options constitutes either a "nonequity option" within the meaning of section 1256(g)(3) or a "dealer equity option" within the meaning of section 1256(g)(4). Respondent and Mr. Gordon have stipulated that during 1986 Mr. Gordon was registered and operated on the AMEX as a market maker in stock options and index options, all of which were listed and traded on the AMEX and subject to the respective rules and regulations of that exchange and the SEC. They thus agree that during 1986 Mr. Gordon was an "options dealer" within the meaning of section 1256(g)(8)(A), i.e., a "person registered with an appropriate national securi- ties exchange as a market maker or specialist in listed options." Respondent and Mr. Gordon have further stipulated that (1) aPage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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