Estate of Leon Israel, Jr., Deceased, Barry W. Gray, Executor, and Audrey H. Israel - Page 45

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          change delivery dates in order to shorten the window of risk of             
          the straddle.                                                               
           In the case of a straddle built on RFCs, the mechanics of a                
          switch would involve the taxpayer simultaneously entering into              
          (1) an inverse contract with respect to the long or short RFC               
          being switched and (2) a like (long or short) RFC to replace the            
          RFC being switched.  Except perhaps in the case of certain tax-             
          motivated straddles, see, e.g., Smith v. Commissioner, 78 T.C.              
          350 (1982), gain or loss on the long RFC component of the                   
          offsetting pair would immediately be realized and recognized.               
          Commissioner v. Covington, 120 F.2d 768 (5th Cir. 1941).  In the            
          case of a straddle built on forward contracts, the parties to the           
          contract to be switched may agree to cancel that contract,                  
          settling up with respect to any gain or loss in the contract.  To           
          avoid being naked with respect to the remaining leg of the                  
          straddle, the straddling party would immediately enter into a               
          contract to replace the canceled contract and complete the                  
          switch.  The character of any gain or loss to be accounted for on           
          the cancellation is the issue in this case, but there seems to be           
          no disagreement that cancellation is an event giving rise to an             
          allowable loss.  In the case of a switch made by first entering             
          into an inverse contract with the same party, the suggestion of             
          Hoover Co. v. Commissioner, 72 T.C. 206 (1979), is that gain or             
          loss is realized upon the hypothetical delivery under the short             






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