Estate of Leon Israel, Jr., Deceased, Barry W. Gray, Executor, and Audrey H. Israel - Page 39

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          anticipatory arrangements for the purchase or sale of a commodity           
          can be found in our opinion in Stoller v. Commissioner, T.C.                
          Memo. 1990-659, affd. in part and revd. in part 994 F.2d 855                
          (D.C. Cir. 1993).1  Following are pertinent terms and concepts.             
           A.  Regulated Futures Contracts                                            
           A regulated futures contract (RFC) is a standardized executory             
          contract to buy or sell a designated commodity at a specific                
          price on a fixed date in accordance with the rules of a commodity           
          exchange.  The date the contract is to be performed is normally             
          identified by its delivery month, e.g., “a January 1997                     
          contract”.  All RFCs start out as a contract between a buyer and            
          seller.  At the end of each trading day, the exchange’s clearing            
          organization substitutes itself as the “other side” of each                 
          contract, so the clearing organization becomes the buyer to each            
          seller and the seller to each buyer.  The agreement made by or on           
          behalf of the two parties on the floor of the exchange is thus              
          broken down into a “long” RFC, in which one party is the buyer              
          and the clearing organization is the seller, and a “short” RFC,             



          1    My research has also led me to two helpful articles dealing            
          with both the mechanical and tax aspects of anticipatory                    
          commodities transactions, at least as those matters stood in                
          1981, which is about the date of the transactions involved                  
          herein.  Donald Schapiro, Commodities, Forwards, Puts and Calls--           
          Things Equal to the Same Things Are Sometimes Not Equal to Each             
          Other, 34 Tax Lawyer 581 (1980-81); Donald Schapiro, Tax Aspects            
          of Commodity Futures Transactions, Forward Contracts and Puts and           
          Calls, 39th Annual N.Y.U. Institute 16-1 (1981).                            




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