47 That sentence follows almost immediately after the majority’s citation to, and quotation from, Commissioner v. Covington, supra. The majority emphasizes those parts of the court’s opinion (1) describing the taxpayer’s argument that, pursuant to exchange rules, offsetting RFCs are extinguished and a money settlement made and (2) finding that implicit in an exchange regulated offset is the “agreement and understanding” that an actual purchase and sale of the underlying commodity has taken place. Majority op. p. 19. The majority finds that the agreement and understanding implicit in the exchange rules governing offsets of RFCs is apropos to the cancellations of the forward contracts here in issue. Id. The majority states: Courts often must address taxpayers’ “artful devices” to convert ordinary gain into more favorable capital gain or to convert capital loss into more favorable ordinary loss. * * * That task should be accomplished on the basis not of the “cancellation” label used by the parties but on the realities of the transactions and expectations of the parties. [Majority op. pp. 24; emphasis added.] The majority obviously concludes that the common reality of (1) exchange regulated offsets, (2) the bilateral relationship of the two parties to offsetting forward contracts, and (3) the terminated relationship of the parties to a canceled forward contract is a sale or exchange. Indeed, the majority states that, in Stoller v. Commissioner, T.C. Memo. 1990-659, affd. in part and revd. in part 994 F.2d 855 (D.C. Cir. 1993), both this Court and the Court of Appeals for the District of ColumbiaPage: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Next
Last modified: May 25, 2011