- 19 - 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).Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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