Estate of Leon Israel, Jr., Deceased, Barry W. Gray, Executor, and Audrey H. Israel - Page 38

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           HALPERN, J., dissenting:                                                   
          I.  Introduction                                                            
           I dissent because I believe that the majority is not justified             
          in disregarding the actual transactions engaged in by Holly (the            
          partnership) in favor of hypothetical transactions that yield the           
          largest tax for the Government.  The majority justifies treating            
          a cancellation as a sale on the ground that cancellations and               
          offsets are economically equivalent.  Even  were I to accept that           
          proposition, the majority has failed to persuade me that a common           
          “reality” of the two transactions is a sale.  In searching for              
          that reality, it is important to keep in mind that respondent has           
          made the following concession:                                              
                 Respondent concedes for purposes of these cases that                 
           Holly Trading Associates’ transactions in forward contracts                
           with ACLI Government Securities, Inc. during the years at                  
           issue were bona fide, had economic substance, and were entered             
           into for profit.  [Emphasis added.]                                        

          I cannot join in an opinion that taxes a cancellation as a sale             
          without specific statutory authority and under what I consider a            
          drastic extension of the doctrine of substance over form.                   
          II.  Anticipatory Commodities Transactions                                  
           I believe that, in part, the majority misunderstands some of               
          the complex arrangements by which persons arrange for the future            
          purchase or sale of a commodity.  A certain amount of detail is             
          necessary to appreciate what I believe the majority                         
          misunderstands.  Many of the factual details of the various                 





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