Estate of Leon Israel, Jr., Deceased, Barry W. Gray, Executor, and Audrey H. Israel - Page 11

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           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 also                             




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Last modified: May 25, 2011