Leema Enterprises, Inc. - Page 43




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          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               The same legislation repealed section 1221(5) with respect to          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               18   Congress repealed the statutory provision that stock              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.                                                   

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