Computervision International Corp. - Page 32

                                       - 32 -                                         
          and (3) the payment of a dividend to CV prior to the close of               
          those taxable years.  The parties agree that, in the event the              
          transfers were effective to complete the foregoing, CVI satisfied           
          the 95 percent of assets test as of the close of each of its                
          relevant taxable years.                                                     
               Petitioners contend that the transfers in issue effected the           
          purchase of qualified export receivables and the transfer of                
          ownership of the cash used to reimburse CV for certain expenses             
          and to pay dividends to CV, so that CVI's assets as of the close            
          of its relevant taxable years did not include the funds                     
          transferred to CV but did include the receivables purchased with            
          a portion of the funds.  Petitioners further contend that the               
          actions taken subsequent to the end of each of CVI's relevant               
          taxable years, when the information necessary to ascertain the              
          amount of receivables purchased became available, merely                    
          memorialized or documented the transactions that had taken place            
          before the end of each year.                                                
               Respondent, however, contends that the actions taken before            
          the close of each of CVI's relevant taxable years were not                  
          sufficient to effect the purchase of CV’s qualified export                  
          receivables, the reimbursement of expenses incurred by CV, and              
          payment of dividends to CV, but that CV and CVI merely had an               
          intention to do such things at the close of each of CVI’s                   
          relevant taxable years which was not carried out until after the            
          close of each of those years, when the final steps of each                  
          transaction were carried out.  Consequently, respondent maintains           



Page:  Previous  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  Next

Last modified: May 25, 2011