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LANDRETH v. C.I.R.

Nos. 86-7588, 86-7636.

859 F.2d 643 (1988)

Ivan K. LANDRETH; Lucille Landreth, Petitioners-Appellants, v. COMMISSIONER INTERNAL REVENUE SERVICE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 4, 1988.

Attorney(s) appearing for the Case

Robert J. Shaw, Short Cressman & Burgess, Seattle, Wash., for petitioners-appellants.

Kenneth L. Greene, Dept. of Justice, Washington, D.C., for respondent-appellee.

Before FLETCHER and NORRIS, Circuit Judges, and MacBRIDE, District Judge.

ORDER

The petition for rehearing is granted. This court's opinion, Landreth v. Commissioner, 845 F.2d 828 (9th Cir.1988), filed on April 26, 1988, is hereby vacated.

OPINION

WILLIAM A. NORRIS, Circuit Judge:

The principal issue in this case is whether the Landreths (taxpayers) can deduct losses from commodity futures "straddles,"1 incurred in 1978, if their primary motive...

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