Estate of Leon Israel, Jr., Deceased, Barry W. Gray, Executor, and Audrey H. Israel - Page 50

                                         50                                           
          unsupported by any authority and is in apparent contradiction to            
          our findings and opinion in Hoover Co. v. Commissioner, 72 T.C.             
          206 (1979).  Certainly, it is in contradiction to the                       
          understanding of the facts in this case by the Court of Appeals             
          for the District of Columbia Circuit.  In reversing us in part,             
          the court said:                                                             
                 The problem with the Tax Court’s reasoning is that                   
           cancellation and offset are different in substance as well as              
           in form.  When a contract is cancelled it simply ceases to                 
           exist.  When a contract is offset, both the original contract              
           and the offsetting contract remain in effect until the date                
           for delivery.  * * *   [Stoller v. Commissioner, 994 F.2d at               
           857-858; emphasis added.]                                                  
          The majority may be misled by the way the partnership accounted             
          for offset transactions.  It appears that the partnership                   
          accounted for unrealized gains and losses in forward contracts as           
          of the offset date, the date of the inverse contract.  That may             
          or may not have been correct, but it is not evidence that the               
          contracts were, by agreement, terminated on the offset date.                
          More to the point, it is not evidence of general industry                   
          practice.                                                                   
           In addition, the majority suggests that, since “little, if                 
          anything, `vanished' upon Holly's closing or settling the loss              
          legs”, sale or exchange treatment of those contract cancellations           
          is appropriate.  Majority op. p. 25.  The majority recognizes               
          that some contracts were not replaced (the November 25th group).            
          Nevertheless, the majority explains that what remained after the            
          contract cancellations was Holly's continued participation in               




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