Pine Creek Farms, Ltd. - Page 4




                                        - 4 -                                         


               During the taxable year ended February 28, 1995, petitioner,           
          through the Frontier commodity account, was involved in numerous            
          futures transactions for corn, soybeans, cattle, and hogs.  The             
          net result of these transactions was a loss of $40,934.80.                  
          Petitioner deducted $40,798 for "hedging expense" as an ordinary            
          loss on its return for the year ending February 28, 1995.  The              
          reason why approximately $137 of losses was not deducted by                 
          petitioner is unknown to the parties.  Of the total amount of the           
          losses, $6,441.52 of the losses was generated by transactions in            
          hog futures.  In the notice of deficiency, respondent disallowed            
          $6,305 of petitioner's hedging expense deduction (i.e., $6,441.52           
          of hog future losses less the approximately $137 of losses                  
          petitioner did not deduct), on the ground that petitioner was not           
          engaged in the production of hogs.  Respondent determined that              
          the $6,305 loss was a capital loss.                                         
               Respondent contends that because petitioner was not engaged            
          in the hog business it could not have hedging transactions in               
          that commodity and its losses incurred from transactions in hog             
          futures are capital losses in nature, not ordinary losses.                  
          Petitioner contends that its method of involvement with hog                 
          operations is sufficient to allow the losses from the                       
          transactions to be deducted as hedging losses.                              








Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011