11 the day the contracts had initially been entered into until the day the initial loss leg of the contract is closed. In the above scenario, when the loss leg is closed by “cancellation” and simultaneously replaced with a new forward contract, the purpose of going through the formality of “canceling” the loss leg of the forward contract and replacing it (instead of directly “offsetting” the loss leg) was to attempt to convert the capital loss that petitioners concede would have been associated with the offset procedure into an ordinary loss that Holly claims is associated with a “cancellation.” When a loss leg of a straddle is closed by cancellation and terminated (i.e., no replacement or offset contract is purchased), as well as when a loss leg of a straddle is closed and a replacement contract is purchased (as distinguished from closing by offset), the loss leg of the contract is closed or terminated as of the date of the closing, and the parties have effectively locked in the "loss" on that leg of the straddle, reflecting simply the change, due to shifts in the interest rates, in the nominal value of that leg from the day the leg was entered into until the day of the closing of the leg. When Holly closed a loss leg of a straddle and no replacement or offset contract was purchased, Holly paid AGS what was referred to as a “cancellation” fee equal to and representing the loss that had been realized on just that leg of the straddle. When Holly closed a loss leg and replaced it, Holly alsoPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011