- 22 - held that a foreign exchange transaction does not involve an exchange of property. National-Standard Co. v. Commissioner, supra. Furthermore, the many cases interpreting foreign currency as property have, for the most part, involved the issue characterization of gain as ordinary or capital, and consequently are of little help in the present case. Respondent relies heavily on Black & Decker Corp. v. Commissioner, 986 F.2d 60 (4th Cir. 1993), affg. T.C. Memo. 1991- 557, which we find distinguishable on its facts. In Black & Decker Corp., the taxpayer liquidated the stock of a Japanese subsidiary at a loss, and argued that the loss should be apportioned under section 1.861-8(e)(7), Income Tax Regs., to its worldwide income, because the taxpayer's purpose in setting up the subsidiary was to augment its worldwide economic position. The Tax Court and the Court of Appeals for the Fourth Circuit both rejected the taxpayer's argument, and held that the loss had to be apportioned to foreign source income, because the stock of a wholly owned subsidiary, viewed objectively, "ordinarily gives rise" to dividend income, which in that case would have been foreign source. In the instant case, the foreign currency, while qualifying as property, would not ordinarily produce a type of income itself, independent of the assets that were denominated in that currency. We are not prepared to say that foreign currency,Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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