3
* 120 percent of interest accruing after Dec. 31,
1984, on portion of the underpayment attributable
to a tax-motivated transaction.
Unless otherwise indicated, all section references are to
the Internal Revenue Code in effect for the years in issue, and
all Rule references are to the Tax Court Rules of Practice and
Procedure.
After settlement, the sole issue for decision is whether
losses incurred in connection with closing forward contracts in
Government securities should be treated as capital losses or as
ordinary losses.
The parties submitted these consolidated cases fully
stipulated under Rule 122. More specifically, as factual
evidence in these cases, the parties stipulated the admissibility
of the entire trial record of Stoller v. Commissioner, T.C. Memo.
1990-659, 60 T.C.M. (CCH) 1554, 1990 T.C.M. (P-H) par. 90,659,
affd. in part and revd. in part 994 F.2d 855 (D.C. Cir. 1993).
That case involved Herbert Stoller (Stoller), petitioners'
counsel in the instant cases and also a partner in Holly Trading
Associates (Holly), a partnership in which Leon Israel, Jr.
(Israel), Jonathan P. Wolff (Wolff), and other petitioners herein
also invested, and the treatment, for Federal income tax
purposes, of the identical losses of Holly relating to the same
forward contracts that are at issue in the instant cases. A
number of additional issues that were addressed in Stoller v.
Commissioner, supra, are not at issue herein.
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