- 4 - Although the record in these cases is sketchy and not entirely clear, it appears that the parties agree that the transactions at issue here are factually the same as those we addressed in the Seykota opinions. In those opinions, we found that the FTI transactions were, fundamentally, cash and carry tax shelters. In simplified terms, an investor would borrow large sums of money. He would acquire gold with the loan proceeds. He would also enter into contracts to sell that gold at a specified time in the future. In the gold markets, the price which the investor paid for the gold was lower than the price at which he agreed to sell that gold in the future. The difference between these two prices largely reflected the amounts of interest and other carrying charges that the investor would incur while he owned the gold. The A/C customer would deduct the interest charges plus other carrying charges--such as charges for management, insurance, and storage-- in the year he borrowed the money. These deductions offset other ordinary income for that year. When he sold the gold in the next year, the investor would report the gain at favorable capital gains rates. The net gain approximately equaled the costs of the interest and other carrying charges. In effect, the investor could defer the taxation of income, at rates as high as 70 percent, for a year. He could also convert that income into capital gains taxable at maximum rates no higher than 28 percent. As an integral part of the FTI A/C transactions, the investorsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011