Estate of Leon Israel, Jr., Deceased, Barry W. Gray, Executor, and Audrey H. Israel - Page 40

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          in which the other party is the seller and the clearing                     
          organization is the buyer.                                                  
           Trading in RFCs for a specific commodity and delivery month                
          continues until the day of the month set by the exchange on which           
          trading in contracts for that delivery month stops.  Thereafter,            
          delivery of the commodity is made by holders of open short RFCs             
          to holders of open long RFCs on the matched-up basis established            
          by the clearing organization.                                               
           Up until the date trading stops, the holders of both long and              
          short RFCs can close out their contracts without making or taking           
          delivery of the commodity by entering into inverse purchase or              
          sale contracts on the exchange.  Thus, the holder of a long RFC             
          can eliminate the risk of, or “offset”, his obligation to                   
          purchase and pay for the commodity by acquiring from another the            
          promise to purchase and pay for the same commodity on the same              
          exchange for the same delivery month, that is, by entering into             
          an inverse, short RFC.  Such a transaction has been held to meet            
          the Code requirement of a “sale or exchange”, which can give rise           
          to capital gain or loss, on the ground that a “fictional”                   
          delivery is made on the offsetting inverse, short RFC with the              
          commodity “acquired” under the long RFC.  Commissioner v.                   
          Covington, 120 F.2d 768, 770, 772 (5th Cir. 1941), affg. in part            
          and revg. in part 42 B.T.A. 601 (1940).  The holder of a short              
          RFC can, likewise, offset his obligation to sell the commodity at           
          the agreed price by acquiring from another a commitment to sell             




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