Estate of Leon Israel, Jr., Deceased, Barry W. Gray, Executor, and Audrey H. Israel - Page 41

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          and deliver the same commodity on the same exchange for the same            
          delivery month, that is, by entering into an inverse, long RFC.             
          The commodity to be delivered under the long RFC is deemed                  
          received and used to satisfy the delivery obligation under the              
          short RFC, thus satisfying the sale or exchange requirement                 
          necessary for capital gain or loss treatment.  Id.  The special             
          short sale rules of section 1233 are applicable to RFCs.  Unless            
          certain exceptions apply, the gain or loss is capital.  Sec.                
          1233(a).                                                                    
           It appears that, under the usual exchange rules applicable to              
          RFCs, the offsetting contracts, which are both with the exchange,           
          immediately cancel and are terminated, with a money settlement              
          for the difference in value.  Commissioner v. Covington, supra at           
          769.  Gain or loss is, thus, realized on that (the offset) date.            
           B.  Forward Contracts                                                      
           A forward contract is also an executory agreement calling for              
          future delivery of a commodity.  Forward contracts, however, are            
          privately negotiated; they are not traded on commodity exchanges            
          or subject to the rules of any board of trade.  If the parties to           
          any particular forward contract agree, the contract can be                  
          canceled before the delivery date.  Normally, any unrealized gain           
          or loss in the contract would then be accounted for because the             
          party on the profitable end of the contract would demand payment            
          for giving up a valuable right.  The character of that gain or              
          loss is the question in this case.  A party may fix the amount of           




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