- 14 - 1993. Salina completed the short sale transaction described above to the extent of $175 million executed through Goldman Sachs and $175 million executed through ABN. To complete delivery of the Treasury bills, Salina entered into a master repurchase agreement with ABN (the Salina/ABN master repurchase agreement) under which Salina lent $343,875,000 to ABN, and ABN collateralized the loan with the Treasury bills that Salina sold short. Salina treated the amount it was due from ABN under the Salina/ABN master repurchase agreement ($343,875,000) and accrued interest thereon ($278,921) as assets on its opening balance sheet. Salina treated the amount of 5(...continued) In the absence of statutory guidance, the treatment of * * * [short sale] transactions would be unclear because the first transaction is in form a sale but gain or loss cannot be computed because the taxpayer’s cost for the securities is unknown, whereas the second transaction is in form the repayment of a loan. [Fn. ref. omitted.] 2 Bittker & Lokken, Federal Taxation Of Income, Estates And Gifts, par. 54.3.1, at 54-21 (2d ed. 1990). The strategy of a short sale is that by the time the security is covered, the seller will have acquired the security by purchasing it on the open market at a price lower than that for which it was sold, thereby making a profit. Another way to cover a short position is to use the security obtained in a reverse repo transaction. Reverse repo transactions are the mirror images of repo transactions–-securities are purchased by the first party subject to the obligation of the second party to repurchase them. Notwithstanding the first party’s obligation to sell (in a reverse repo transaction) a like amount of the same securities back to the second party, the first party generally is entitled to use the securities in transactions with third parties. See Price v. Commissioner, supra at 864-865 nn. 9, 11.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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