Estate of Leon Israel, Jr., Deceased, Barry W. Gray, Executor, and Audrey H. Israel - Page 28

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                  (9th Cir. (1958) and Commissioner v. Pittston Co., 252                              
                  F.2d 344 (2d Cir. 1958); fn. ref. omitted.]                                         
                                        Reasons for Change                                            
                     The committee believes that the change in the sale                               
                  or exchange rule is necessary to prevent tax-avoidance                              
                  transactions designed to create fully-deductible                                    
                  ordinary losses on certain dispositions of capital                                  
                  assets, which if sold at a gain, would produce capital                              
                  gains. * * *                                                                        
                     Some taxpayers and tax shelter promoters have                                    
                  attempted to exploit court decisions holding that                                   
                  ordinary income or loss results from certain                                        
                  dispositions of property whose sale or exchange would                               
                  produce capital gain or loss. * * *                                                 
                  *    *    *    *    *    *    *                                                     
                     Some of the more common of these tax-oriented                                    
                  ordinary loss and capital gain transactions involve                                 
                  cancellations of forward contracts for currency or                                  
                  securities.                                                                         
                     The committee considers this ordinary loss                                       
                  treatment inappropriate if the transaction, such as                                 
                  settlement of a contract to deliver a capital asset, is                             
                  economically equivalent to a sale or exchange of the                                
                  contract. * * *  [S. Rept. 97-144, at 170-171 (1981),                               
                  1981-2 C.B. 412, 480.]                                                              

                  According to the Court of Appeals for the District of                               
            Columbia Circuit, the above language from the legislative history                         
            indicates that Congress thought that it was changing the law and                          
            that this change in the law is strong evidence that                                       
            "cancellation" of commodity forward contracts before the change                           
            in the law produced ordinary losses.  Stoller v. Commissioner,                            
            994 F.2d at 858.                                                                          







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