- 13 - 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...)Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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