Opinion

Hoover Co. v. Commissioner

  • 72 T.C. 206
  • 1979 U.S. Tax Ct. LEXIS 132
Court
United States Tax Court
Filed
Apr 24, 1979
Status
Published
Author
Tannenwald
On the bench
Dawson,Tannenwald,Drennen,Chabot
Cited by
22 cases
Authority
More cited than 10.4%

offsetting of forward foreign currency sales contracts against purchase contracts for such currency as "sale or exchange"

How later courts described this case

  • offsetting of forward foreign currency sales contracts against purchase contracts for such currency as "sale or exchange"
  • reviewed by the court

Written by the judges who cited it.

The opinion

Tannenwald, J., concurring: The parties herein presented their positions in a narrow frame of reference and the disposition by the Court of Appeals of International Flavors & Fragrances, Inc. v. Commissioner, 524 F.2d 357 (2d Cir. 1975), revg. and remanding 62 T.C. 232 (1974), injected a further complication, particularly in light of the Government’s abandonment on appeal of any reliance on Corn Products Refining Co. v. Commissioner, 350 U.S. 46 (1955). I am, therefore, in agreement with the majority decision and the rationale upon which it rests, insofar as this case is concerned.

However, I do not consider the majority opinion as precluding the application of Corn Products Refining Co. v. Commissioner, supra, or a variant of the principles articulated therein, in all situations involving foreign currency transactions by corporations having foreign operations. In the complex present-day world economy and the equally complex methods of doing business by multinational corporations, whether through subsidiaries or branches, there may be situations in which ordinary gain and/or loss treatment of such transactions would be justified.

Drennen, J., agrees with this concurring opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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