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          deductible.  It is not clear, however, whether this mistake was             
          based on an erroneous conclusion of fact or law.  For example, if           
          the Conti transactions never took place, i.e., they were "factual           
          shams", it is arguable the mistake was predicated on an erroneous           
          factual conclusion.  On the other hand, if the transactions did             
          take place but would not be recognized because they were not                
          entered into primarily for profit, the mistake was not one of               
          fact, but of the legal consequences of the facts.  See, e.g.,               
          Freytag v. Commissioner, 904 F.2d 1011 (5th Cir. 1990), affd. on            
          other issues 501 U.S. 868 (1991), affg. 89 T.C. 849 (1987);                 
          Goldstein v. Commissioner, 364 F.2d 734 (2d Cir. 1966), affg. 44            
          T.C. 284 (1965).                                                            
               With the records that we have, petitioners concede that the            
          Conti transactions "have no effect for tax purposes, and                    
          Petitioners will not recognize any gains, losses, income or                 
          expenses arising from transactions in non-regulated government              
          securities traded by Conti".  But, we do not know the basis of              
          this concession.  Petitioners have consistently maintained that a           
          great number of the Conti transactions actually took place.                 
          Further, while petitioners' cases in the Multi-District                     
          Litigation involving Conti were settled, the court there found              
          that petitioners could not identify so-called bad or sham                   
          transactions.  In re ContiCommodity Services, Inc. Securities               
          Lit., 733 F. Supp. 1555, 1564 (N.D. Ill. 1990), revd. on other              
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