Arlene Nussdorf, et al. - Page 22




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               We conclude that the following determinations of certain               
          items relating to the purported contributions of the Euro options           
          in question to Evergreen Trading by its respective members can be           
          made from determinations that Evergreen Trading was required to             
          make for purposes of Evergreen Trading’s books and records or for           
          purposes of furnishing information to each member:  The character           
          of any property that Evergreen Trading received from each member,           
          such as whether any such property received from each member was a           
          contribution or a loan16 and whether any such property should be            
          aggregated with other property received from each such member,              
          and the basis to Evergreen Trading of any property contributed to           
          it by each member, including necessary preliminary determina-               
          tions, such as the basis of each such member in such property.              
          See sec. 301.6231(a)(3)-1(a)(4), -1(c)(2), Proced. & Admin. Regs.           
          We further conclude that none of such determinations relating to            
          the purported contributions of the Euro options in question to              
          Evergreen Trading by its respective members required information            
          other than the information that Evergreen Trading was required to           
          use in making such determinations that it was required to make              
          for purposes of its books and records or for purposes of furnish-           
          ing information to a member.  See id.                                       

               16In determining whether any property that Evergreen Trading           
          received from each member was a contribution or a liability,                
          Evergreen Trading was required to determine whether the so-called           
          obligation leg (i.e., the short position) of the Euro options in            
          question was a liability that Evergreen assumed.                            





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