Pine Creek Farms, Ltd. - Page 6




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               The regulations under section 1221 also contain a provision            
          which governs the treatment of hedging transactions.  Sec.                  
          1.1221-2, Income Tax Regs.  Under this provision, "the term                 
          capital asset does not include property that is part of a hedging           
          transaction".  Sec. 1.1221-2(a)(1), Income Tax Regs.                        
               A hedging transaction is "a transaction that a taxpayer                
          enters into in the normal course of the taxpayer's trade or                 
          business primarily * * * to reduce risk of price changes or                 
          currency fluctuations with respect to ordinary property * * *               
          that is held or to be held by the taxpayer".  Sec. 1.1221-                  
          2(b)(1), Income Tax Regs.  Property is "ordinary property" only             
          if a sale or exchange of the property by the taxpayer could not             
          produce capital gain or loss regardless of the taxpayer's holding           
          period when the sale or exchange occurs.  Sec. 1.1221-2(c)(5)(i),           
          Income Tax Regs.  The regulations under section 1.1221-2 are                
          intended to provide the only definition of a "hedging                       
          transaction".  Sec. 1.1221-2(a)(3), Income Tax Regs.                        
               Under the regulations, whether or not a transaction reduces            
          the risk of price changes or currency fluctuations is determined            
          "based on all of the facts and circumstances" surrounding the               
          taxpayer's business and the transaction.  Sec. 1.1221-2(c)(1)(i),           
          Income Tax Regs.  In applying this concept, we look to case law             
          to determine whether a transaction reduces a taxpayer's risk.               







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