Estate of Leon Israel, Jr., Deceased, Barry W. Gray, Executor, and Audrey H. Israel - Page 47

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          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 Columbia                 




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