G.M. Trading Corporation - Page 3

                                        - 3 -                                         
          under section 118, as a nontaxable capital contribution by the              
          Mexican Government to petitioner or to Procesos.                            
               We have considered the arguments and voluminous material               
          submitted by petitioner, by the amici curiae, and by respondent.            
          We, however, remain convinced as to the correctness of our prior            
          findings and opinion.  Accordingly, we decline to alter any of              
          the findings of fact or conclusions of law set forth in our prior           
          opinion.                                                                    
               Our prior opinion explained the general nature of the                  
          Mexican debt-equity-swap transaction that is at issue in this               
          case, and we will not repeat that explanation.  We, however, do             
          make herein a number of supplemental findings of fact and                   
          conclusions of law, and we provide additional explanation for our           
          opinion, as set forth below.                                                
               For convenience, we combine our supplemental findings of               
          fact and conclusions of law.                                                
               All section references are to the Internal Revenue Code in             
          effect for the year in issue, and all Rule references are to the            
          Tax Court Rules of Practice and Procedure.                                  

          Value of Mexican Pesos                                                      
               It is argued by petitioner and by the amici curiae that the            
          fair market value of the Mexican pesos that petitioner or                   
          Procesos, as petitioner's designee, received to construct and to            
          operate a lambskin processing plant in Mexico should be presumed            
          to be equal to or measured by petitioner's US$634,000 cost of               
          participating in the transaction.  We disagree.  We continue to             




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011