- 100 - first, the sham transaction doctrine is simply an aid to identifying tax-motivated transactions that Congress did not intend to include within the scope of a given benefit-granting statute; and second, a transaction will not be considered a sham if it is undertaken for profit or for other legitimate nontax business purposes. * * * As the Seventh Circuit pointed out in Yosha,[861 F.2d at 498,] “the taxpayer [in Gregory] was trying to take advantage of a loophole inadvertently created by the framers of the tax code; in closing such loopholes the courts could not rightly be accused of having disregarded congressional intent or overreached.” * * * [Horn v. Commissioner, 968 F.2d at 1238.] Relying on section 108(a) and (b) as amended under TRA 1986, the Court of Appeals stated that "Congress undoubtedly has the power to grant beneficial tax treatment to economically meaningless behavior, if indeed that is what happened here." Horn v. Commissioner, 968 F.2d at 1234. Pointing to the plain language of section 108, the Court of Appeals held that Congress had authorized deductions for losses associated with option- straddle transactions so long as the taxpayer qualified as a commodities dealer. See Horn v. Commissioner, supra at 1239. The Court of Appeals stated that "section 108(b) does all that it need do for the taxpayers to prevail here--it creates an irrebuttable presumption that a commodities dealer has made his straddle trades in a trade or business, i.e., he has not engaged in an economic sham." Id. at 1239. The Court of Appeals further noted that section 108(a) closely tracked the sham transaction doctrine insofar as a loss was allowed only if the transaction was entered into for profit or in a trade or business. See id.Page: Previous 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 Next
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