Legal Opinion

Smith v. Commissioner

United States Tax Court

Decided March 5, 1982No. Docket Nos. 12709-77, 185-78PublishedCited by 99 opinions

On Aug. 7, 1973, petitioners S and J each acquired long positions in 21 March 1974 silver futures contracts and 21 December 1974 silver futures contracts and short positions in 42 July 1974 silver futures contracts pursuant to simultaneously placed "straddle" trades complying with the rules of the Commodity Exchange, Inc. (COMEX). Two days later, on Aug. 9, 1973, petitioners, respectively, acquired long positions in 21 May 1974 silver futures contracts and 21 September 1974…

Read the full summary

On Aug. 7, 1973, petitioners S and J each acquired long positions in 21 March 1974 silver futures contracts and 21 December 1974 silver futures contracts and short positions in 42 July 1974 silver futures contracts pursuant to simultaneously placed "straddle" trades complying with the rules of the Commodity Exchange, Inc. (COMEX). Two days later, on Aug. 9, 1973, petitioners, respectively, acquired long positions in 21 May 1974 silver futures contracts and 21 September 1974 silver futures contracts and short positions in 21 March 1974 silver futures contracts and 21 December 1974 silver…

1Opinion of the Court

Nims, Judge:

In these consolidated cases, respondent determined the following deficiencies in petitioners’ Federal income taxes for the taxable year 1973:

Docket No. Petitioner Deficiency

12709-77 Harry Lee Smith and Patricia Ann Smith $27,541

185-78 Herbert J. Jacobson and Ruth D. Jacobson 30,196

Concessions having been made by petitioners in docket No. 12709-77, the sole issue remaining for decision is the deducti-bility of certain losses claimed by petitioners to have resulted from engaging in what is commonly referred to as a "commodity tax straddle.”

FINDINGS OF FACT

Some of the facts have been…

2Cases cited40 opinions

  1. Gregory v. HelveringSupreme Court of the United States · 1935
  2. Commissioner v. Court Holding Co.Supreme Court of the United States · 1945
  3. Corn Products Refining Co. v. CommissionerSupreme Court of the United States · 1956
  4. Margit Sigray Bessenyey v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1967
  5. United States v. Norman TurkishCourt of Appeals for the Second Circuit · 1980

35 more not listed; retrieve them via the Exa API.

3Cited by99 opinions

  1. Freytag v. CommissionerUnited States Tax Court · 1987
  2. Glass v. CommissionerUnited States Tax Court · 1986
  3. Ewing v. CommissionerUnited States Tax Court · 1988
  4. Brown v. CommissionerUnited States Tax Court · 1985
  5. Fox v. CommissionerUnited States Tax Court · 1984

94 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API