- 6 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011