actively traded: there is an established financial market for the property
UNDECIDED
0 of 2 settled
- 1
Reg. § 1.1092(d)-1(a) Ambiguous
ALL OFReg. § 1.1092(d)-1(a) says actively traded personal property includes property with an established financial market: a safe harbor, not the only way. Property traded on no market listed in (b)(1) may still be actively traded; no authority found that says when
“any personal property for which there is an established financial market” - 2
Reg. § 1.1092(d)-1(b)(1) Ambiguous
an established financial market
ANY OFThe list ends in and, but it enumerates markets each of which is an established financial market (includes); drawn as any of
“A national securities exchange that is registered under section 6 of the Securities Exchange Act of 1934 (15 U.S.C. 78f)” Reg. § 1.1092(d)-1(b)(1)(i)“An interdealer quotation system sponsored by a national securities association registered under section 15A of the Securities Exchange Act of 1934” Reg. § 1.1092(d)-1(b)(1)(ii)“A domestic board of trade designated as a contract market by the Commodities Futures Trading Commission” Reg. § 1.1092(d)-1(b)(1)(iii)“A foreign securities exchange or board of trade that satisfies analogous regulatory requirements under the law of the jurisdiction in which it is organized” Reg. § 1.1092(d)-1(b)(1)(iv)“An interbank market” Reg. § 1.1092(d)-1(b)(1)(v)“An interdealer market (as defined in paragraph (b)(2)(i) of this section)” Reg. § 1.1092(d)-1(b)(1)(vi)“Solely with respect to a debt instrument, a debt market (as defined in paragraph (b)(2)(ii) of this section)” Reg. § 1.1092(d)-1(b)(1)(vii)