Trinova Corporation and Subsidiaries - Page 22

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          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,                





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