I.C. Hemmings and Sue B. Hemmings, et al. - Page 19

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          from straddle transactions losses discussed in Glass v.                     
          Commissioner, 87 T.C. 1087 (1986).9  In disallowing those losses,           
          we assumed that "the commodity options and futures contracts                
          which petitioners entered into were actual contracts. * * *.                
          Thus, we are here focusing our attention * * * on a question of             
          law."  Id. at 1172.  Consistent with this, in Russo we held,                
          inter alia, that the losses claimed were not grossly erroneous              
          items because they were not without basis in law or fact but                
          rather "the losses claimed were not 'intended' by the relevant              
          Code sections and were not allowable under the rationale of                 
          Gregory v. Helvering, 293 U.S. 465, 469 (1935)."  Russo v.                  
          Commissioner, supra at 33.  That situation is distinctly                    
          different from here where the evidence indicates that these                 
          transactions were not bona fide and had no basis in fact.                   
          B. Lack of Knowledge and/or Reason to Know                                  
               Mrs. Hemmings must establish that she did not know and had             
          no reason to know that the deductions gave rise to the                      


          9  Glass v. Commissioner, 87 T.C. 1087 (1986), was affd. sub                
          nom. Bohrer v. Commissioner, 945 F.2d 344 (10th Cir. 1991), affd.           
          sub nom. Lee v. Commissioner, 897 F.2d 915 (8th Cir, 1989, affd.            
          sub nom. Kielmar v. Commissioner, 884 F.2d 959 (7th Cir. 1989),             
          affd. sub nom. Dewees v. Commissioner, 870 F.2d 21 (1st Cir.                
          1989), affd. sub nom. Freidman v. Commissioner, 869 F.2d 785 (4th           
          Cir. 1989), affd. sub nom. Keane v. Commissioner, 865 F.2d 1088             
          (9th Cir. 1989), affd. sub nom. Ratliff v. Commissioner, 865 F.2d           
          97 (6th Cir. 1989), affd. sub nom. Killingsworth v. Commissioner,           
          864 F.2d 1214 (5th Cir. 1989), affd. sub nom. Kirchman v.                   
          Commissioner, 862 F.2d 1486 (11th Cir. 1989), affd. sub nom.                
          Yosha v. Commissioner, 861 F.2d 494 (7th Cir. 1988), affd. sub              
          nom. Herrington v. Commissioner, 854 F.2d 755 (5th Cir. 1988).              




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