Leonard Greene and Joyce Greene v. United States

CARDAMONE, Circuit Judge.

Plaintiffs Leonard and Joyce Greene (taxpayers or appellants) appeal the judgment entered on January 23, 1998 in the United States District Court for the Southern District of New York (Barrington D. Parker, J.), holding them liable to the United States of America for taxable gains recognized under the mark-to-market rules of 26 U.S.C. § 1256 (1994). This liability was incurred by the Greenes at the time when they made a donation of futures contracts to charity. The Greenes concede that the mark-to-market rules of § 1256(a)(1) require the recognition of gains in the…