Beverly Gordon - Page 31

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               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) a                





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