Estate of Leon Israel, Jr., Deceased, Barry W. Gray, Executor, and Audrey H. Israel - Page 24

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                  Courts often must address taxpayers' "artful devices" to                            
            convert ordinary gain into more favorable capital gain or to                              
            convert capital loss into more favorable ordinary loss.  See                              
            Commissioner v. P.G. Lake, Inc., 356 U.S. 260, 265 (1958) (citing                         
            Corn Prods. Ref. Co. v. Commissioner, 350 U.S. 46, 52 (1955)).                            
            That task should be accomplished on the basis not of the                                  
            "cancellation" label used by the parties but on the realities of                          
            the transactions and expectations of the parties.                                         
                  We reiterate what we stated in Stoller v. Commissioner,                             
            supra, when presented with the identical facts as in the instant                          
            cases, that to call the closing transactions in issue                                     
            "cancellations" is a misnomer and is misleading.                                          
                  As stated earlier, we believe that cases involving                                  
            unexpected and true cancellations of commercial contracts and                             
            "vanishing" or "disappearing assets" are not particularly                                 
            helpful.  See Leh v. Commissioner, 260 F.2d 489 (9th Cir. 1958),                          
            affg. 27 T.C. 892 (1957); Commissioner v. Pittston Co., 252 F.2d                          
            344, 347-348 (2d Cir. 1958), revg. 26 T.C. 967 (1956); General                            
            Artists Corp. v. Commissioner, 205 F.2d 360, 361 (2d Cir. 1953),                          
            affg. 17 T.C. 1517 (1952); Commissioner v. Starr Bros., 204 F.2d                          
            673, 674 (2d Cir. 1953), revg. 18 T.C. 149 (1952).                                        
                  Those cases involve regular commercial contracts for the                            
            provision of goods or services and the unexpected cancellation of                         
            the contracts in midstream due to unusual circumstances not                               
            consistent with the continuation of the original contracts that                           




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