- 8 - were done simultaneously. Although the recyclers were sold and leased for the above amounts under the structure of simultaneous transactions, the fair market value of a Sentinel EPE recycler in 1981 and 1982 was not in excess of $50,000. PI allegedly sublicensed the recyclers to entities that would use them to recycle plastic scrap. The sublicense agreements provided that the end-users would transfer to PI 100 percent of the recycled scrap in exchange for a payment from FMEC Corp. based on the quality and amount of recycled scrap. Like Clearwater, each of the Partnerships was formed to lease Sentinel EPE recyclers from F & G Corp. and license those recyclers to FMEC Corp.4 The transactions of the Partnerships differ from the underlying transaction in the Provizer case in the following respects: (1) The entity that leased the machines from F & G Corp. and licensed them to FMEC Corp.; and (2) the number of recyclers the Partnerships were organized to lease and license.5 For convenience we refer to the series of transactions 4 In the stipulation of facts for petitioners Busch, the parties stipulated that in 1982 SAB Recovery was also a partner in the partnerships known as Scarborough Leasing Associates (Scarborough) and Plymouth Equipment Associates (Plymouth). Scarborough and Plymouth purported to lease Sentinel EPE recyclers in transactions substantially identical to those in the Clearwater Group limited partnership. 5 According to the offering memoranda, SAB Reclamation was to lease and license eight recyclers and SAB Recovery was to lease and license seven recyclers. However, the SAB Reclamation partnership tax return for 1982 indicates that it leased and licensed only four recyclers. The SAB Recovery partnership tax (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011