- 99 - respect its form for tax purposes where the record shows that the transaction was in fact a contrivance designed to obtain a tax benefit not intended by Congress under the taxing statute. The Court of Appeals for the District of Columbia Circuit has considered the scope and application of the economic substance doctrine. In Horn v. Commissioner, supra, the Commissioner disallowed losses claimed by commodities dealers with respect to so-called option-straddle transactions on the ground that the transactions were economic shams. This Court granted the Commissioner's motion for summary judgment, sustaining the Commissioner's determination that the transactions were devoid of economic substance. See Fox v. Commissioner, supra. On appeal, the Court of Appeals for the District of Columbia Circuit reversed after concluding that Congress had intended to allow the disputed losses pursuant to section 108 of the Tax Reform Act of 1984 (Division A of the Deficit Reduction Act of 1984, Pub. L. 98-369, 98 Stat. 494, 630), as amended under the Tax Reform Act of 1986 (TRA 1986), Pub. L. 99-514, sec. 1808(d), 100 Stat. 2817. For the text of section 108, and the 1986 amendment, see Glass v. Commissioner, 87 T.C. 1087, 1164-1166 (1986). After reviewing Supreme Court precedent and scholarly articles on the subject, the Court of Appeals described the sham transaction doctrine as follows:Page: Previous 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 Next
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