- 104 - supply’, and ‘hedging’ principles” and not subject to the hedging regulations, section 1.1221-2, Income Tax Regs. Petitioner’s brief makes it clear that the Court need not consider that argument if we do not adopt respondent’s per se rule. Accordingly, we have not addressed that argument. Similarly, as mentioned above, petitioner argues, if we hold that the gains from the sale of Terra stock and the section 1231 assets are nonpatronage items, then those gains may nevertheless be offset by petitioner’s patronage losses. We have not addressed that argument. In light of the foregoing, and to reflect previously determined issues, Decision will be entered under Rule 155 and an order will be issued denying respondent’s motion for summary judgment.Page: Previous 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104
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