rr-07-26.pdf

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# Part I

Section 1256 .- Section 1256 Contracts Marked to Market

(Also §§ 446, 481, 7805; 1.446-1, 301.7805-1)

Rev. Rul. 2007-26

ISSUE

Is ICE Futures, which is a United Kingdom Recognised Investment Exchange, a
qualified board or exchange within the meaning of section 1256(g)(7)(C) of the Internal
Revenue Code?

LAW

Section 1256(g)(7) of the Code provides that the term "qualified board or
exchange" means:

(A) a national securities exchange which is registered with the Securities and
Exchange Commission,

(B) a domestic board of trade designated as a contract market by the Commodity
Futures Trading Commission, or

(C) any other exchange, board of trade, or other market which the Secretary
determines has rules adequate to carry out the purposes of section 1256.

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# HOLDING

The Internal Revenue Service determines that ICE Futures, which is a United
Kingdom Recognised Investment Exchange, is a qualified board or exchange within the
meaning of section 1256(g)(7)(C) of the Code.

## EFFECTIVE DATE

Under the authority of section 7805(b)(8) of the Code, this revenue ruling is
effective for ICE Futures Contracts (commodity futures contracts and futures contract
options) entered into on or after April 1, 2007.

## CHANGE IN METHOD OF ACCOUNTING

A change in the treatment of ICE Futures Contracts to comply with this revenue
ruling is a change in method of accounting within the meaning of sections 446 and 481
of the Code and the regulations thereunder. The Commissioner grants consent to
taxpayers to change to the section 1256 mark to market method for the first taxable
year during which the taxpayer holds an ICE Futures Contract that was entered into on
or after April 1, 2007. Such a taxpayer need not file a Form 3115, Application for
Change in Accounting Method. ICE Futures Contracts that were entered into before
April 1, 2007, are not covered by the change in method for which consent is granted.
Because the change is being made on a "cut-off" basis, there is no potential omission or
duplication of income or deductions, and therefore no adjustment under section 481 is
required.

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# DRAFTING INFORMATION

The principal author of this revenue ruling is K. Scott Brown of the Office of
Associate Chief Counsel (Financial Institutions and Products). For further information
regarding this revenue ruling, contact Mr. Brown at (202) 622-3920 (not a toll-free call).