Salina Partnership LP - Page 13




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          Salina/Goldman Sachs master repurchase agreement) under which               
          Salina borrowed $70,087,500 from Goldman Sachs and collateralized           
          the loan with a portion of the Treasury notes it had purchased.4            
          Salina treated the Goldman Sachs loan as a liability on its opening         
          balance sheet as of December 28, 1992.                                      
               On December 17, 1992 (consistent with Mr. Ackert’s earlier             
          request to Mr. Van Burg), Salina entered into a short sale of U.S.          
          Treasury bills with a face value of $350 million for a price of             
          $344,066,593.5  The Treasury bills were due to mature on June 17,           

               4    Repurchase agreements (repos) and reverse repurchase              
          agreements (reverse repos) are frequently used by dealers in                
          government securities, financial institutions, and others as                
          methods for temporary cash management, interest rate arbitrage,             
          or the borrowing of securities used in the course of a dealer’s             
          business.  In a repo transaction, the first party (e.g., a                  
          dealer) sells securities (generally U.S. Treasury and Federal               
          agency securities) to a second party (e.g., a customer) and                 
          simultaneously agrees to repurchase a like amount of the same               
          securities at a stated price (generally greater than the original           
          sales price) on a fixed, future date.  Repo transactions, from              
          the viewpoint of the seller (such as a dealer), provide financing           
          to acquire newly issued government securities or other portfolio            
          assets; from the viewpoint of the purchaser, a repo transaction             
          provides a means by which funds can be invested for a desired               
          period while holding as collateral a virtually risk-free asset in           
          the event the seller breaches its agreement to repurchase.  See             
          Price v. Commissioner, 88 T.C. 860, 864 n.9 (1987)                          
               5    One commentator has described a short sale as follows:            
               More completely, a short sale may be defined as                        
               consisting of two transactions:  (1) the taxpayer’s                    
               sale of property (typically, securities) borrowed from                 
               another person (typically, a broker), and (2) the                      
               subsequent closing out of the short position by the                    
               taxpayer’s delivery of securities to the person who                    
               loaned the securities that were sold.                                  
                                                             (continued...)           





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