4
We expressly incorporate into our findings of fact the
background facts relating to Holly's investments in forward
contracts and commodity straddle transactions as well as the
specific facts relating to the particular commodity forward
contracts that are at issue herein as those facts were found in
our opinion in Stoller v. Commissioner, supra, with one exception
as to the ultimate finding of fact that we made in our Stoller
opinion with regard to the tax treatment of the losses incurred
on the commodity forward contracts that were closed by
cancellation and termination as explained further below.
We also attach hereto and incorporate into our findings of
fact as Appendixes A-1 and A-2, certain schedules that were
attached to our opinion in Stoller v. Commissioner, 60 T.C.M.
(CCH) at 1569-1571, 1990 T.C.M. (P-H) at 90-3223 to 90-3227. (We
note that Appendixes A-1 and A-2 attached hereto were labeled
Appendixes B-1 and B-2 in our above Stoller opinion.) These
schedules, among other data, set out data relating to the three
groups of forward contracts that are at issue in the instant
cases.
The schedule below identifies lines of Appendixes A-1 and A-
2 that reflect specific information with regard to each of the
three groups of forward contracts in issue and the amount of the
losses claimed by Holly with respect thereto:
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