- 49 - 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).Page: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
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