- 24 - 1029 (4th Cir. 1986); Van Suetendael v. Commissioner, 152 F.2d 654, 654 (2d Cir. 1945), affg. per curiam a Memorandum Opinion of this Court dated Sept. 25, 1944; King v. Commissioner, 89 T.C. 445, 458 (1987); see Wood v. Commissioner, 16 T.C. 213, 225-226 (1951) ("It is well settled that property cannot be classified as stock in trade or property subject to inventory unless it is held by the taxpayer primarily for sale to customers in the ordinary course of his trade or business."); see also Kelly v. Commissioner, T.C. Memo. 1996-529; Tybus v. Commissioner, T.C. Memo. 1989-309. The mere fact that petitioner may have sold the Treasury securities in the ordinary course of his trade or business, an assertion that petitioner vigorously makes but which we decline to decide, does not mean, as petitioner asks us to hold, that the securities are outside the meaning of the term "capital asset" as used in section 1221. In order to escape the broad reach of that term, and the resulting classification as a capital gain or capital loss, petitioner's sales not only must have been "in the ordinary course of his trade or business", but must have been "to customers" as well.12 In fact, the phrase "to customers" was expressly added to the predecessor of section 12 Petitioner, citing Corn Prods. Ref. Co. v. Commissioner, 350 U.S. 46 (1955), argues on brief that the term "capital asset" is narrowly defined for purposes of sec. 1221. We disagree. In Arkansas Best Corp. v. Commissioner, 485 U.S. 212, 222 (1988), the Supreme Court clarified that the term "capital asset" is construed broadly, and that "Corn Products * * * [stands] for the narrow proposition that hedging transactions that are an integral part of a business' inventory-purchase system fall within the inventory exclusion of � 1221."Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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