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QQQ non-equity option?



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I have searched the AMEX web page, and the IRS web page and cannot
find any information on the QQQ's options status as a "non-equity"
option.  This would make it a section 1256 mark to market asset like
the OEX options which are 60% long term capitol gains and 40% short
term --no matter how long you hold them.  The Secretary of the
Treasury must have made a determination  prior to March 1999 when they
first starting trading, but I couldn't find it.

What is the answer and where do I find it?

Fred


"Success is the only test of genius" -R.Adm Daniel Gallery 1901-1977