Leema Enterprises, Inc. - Page 49




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               B.  Trading on the Merit Markets                                       
               The lack of economic substance of the Merit trades is evident          
          from an examination of the trades themselves.  Petitioners executed         
          their trades for tax deductions, not for economic benefits.  Their          
          tactics reveal many characteristics of tax-motivated, but                   
          economically insubstantial, tax-straddle trades.  Chief among these         
          is the deliberate incurring of first-year losses.  In Glass v.              
          Commissioner, 87 T.C. 1087, 1172, 1176 (1986),20 we stated:                 
               The one consistent thread which runs through all of the                
               cases consolidated in this proceeding is that losses,                  
               either ordinary or capital, were intentionally incurred                
               in year one, followed by countervailing gains in year two              
               or in many instances later as a result of rollovers.                   
               *        *        *        *        *        *        *                
               The intentionally realized losses in year one were not                 
               necessary or helpful in profiting from difference gains                
               in * * * [the taxpayers'] commodity straddle                           
               transactions.  Put in this light, the * * * options                    
               strategy was "a mere device which put on the form of [*                
               * * option and futures transactions] as a disguise for                 
               concealing its real character," the obtaining of                       
               unallowable loss deductions.  As such, the * * * options               
               transaction lacked economic substance and was a sham.                  
               [Fn. refs. and citations omitted.]                                     



               20  Glass v. Commissioner, 87 T.C. 1087 (1986), affd. sub              
          nom. Bohrer v. Commissioner, 945 F.2d 344 (10th Cir. 1991), affd.           
          sub nom. Lee v. Commissioner, 897 F.2d 915 (8th Cir. 1989), affd.           
          sub nom. Kielmar v. Commissioner, 884 F.2d 959 (7th Cir. 1989),             
          affd. sub nom. Dewees v. Commissioner, 870 F.2d 21 (1st Cir.                
          1989), affd. sub nom. Freidman v. Commissioner, 869 F.2d 785 (4th           
          Cir. 1989), affd. sub nom. Keane v. Commissioner, 865 F.2d 1088             
          (9th Cir. 1989), affd. sub nom. Ratliff v. Commissioner, 865 F.2d           
          97 (6th Cir. 1989), affd. sub nom. Killingsworth v. Commissioner,           
          864 F.2d 1214 (5th Cir. 1989), affd. sub nom. Kirchman v.                   
          Commissioner, 862 F.2d 1486 (11th Cir. 1989), affd. sub nom.                
          Yosha v. Commissioner, 861 F.2d 494 (7th Cir. 1988), affd. sub              
          nom. Herrington v. Commissioner, 854 F.2d 755 (5th Cir. 1988).              

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