- 7 - Management Investment Co. Mr. Hemmings did not understand how the trading programs worked. The starting point of these transactions was determining the amount of losses that needed to be generated in order to substantially reduce or eliminate the Hemmingses' taxable income. Mr. Harris supplied these figures to ACLI and/or ELMS. Mr. Hemmings was told that he would not make a profit from these transactions, and that, in return for the fees paid, losses would be produced to defer taxes, followed by the realization of capital gains in future years in amounts commensurate with the losses. The purpose of the transactions was to shelter income. Unlike other commodities or financial instrument transactions, Mr. Hemmings was not required to maintain a margin account, and, other than the initial fees paid for the program, there was no risk of loss from the purported trading. Also, unlike other futures transactions, Mr. Hemmings was not consulted when changes were made in these accounts. Changes in the programs were made under a power of attorney held by the sponsor of the programs. The Hemmingses settled most of the issues involving the taxable years 1978 to 1980. They conceded the losses claimed from the ACLI and ELMS transactions and paid approximately $3,500,000 in taxes and interest. In deciding to settle the tax issues arising from the ACLI and ELMS transactions, Mr. Hemmings became convinced that the purported transactions never took place.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011