- 43 - of ERTA, at 309 (J. Comm. Print 1981). ERTA removed the chief advantage of commodity straddling--that is, taking a loss on one leg the first year and deferring the cognate gain from the other leg into later tax years. Sec. 1092, added by ERTA sec. 508(a), (c). The conference report explained that the new law "allows straddle losses only to the extent such losses exceed the unrealized gains on offsetting positions. Disallowed losses are deferred. * * * The loss deferral rule applies to actively-traded personal property (other than stock)". H. Conf. Rept. 97-215, at 258 (1981), 1981-2 C.B. 481, 513. The same legislation repealed section 1221(5) with respect to obligations acquired after June 23, 1981, and subjected short-term governmental obligations to new section 1232(a)(3) (now section 1232(a)(4)). The new law thus eliminated the possibility of reporting ordinary losses on the disposition of options relating to Treasury bills. After the enactment of ERTA, Merit began to deal in stock forwards. The PPM for its stock forwards advised that a forward position in stock is not subject to the loss limitations of ERTA. See Rivera v. Commissioner, 89 T.C. 343 (1987).18 This Court has often examined the tax aspects of straddles of futures or forward contracts for financial instruments. Where the 18 Congress repealed the statutory provision that stock was not subject to the loss limitation provisions of ERTA in 1984. See supra note 10.Page: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
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