- 2 - carefully crafted and faithfully executed sequence of sophisticated and costly financial maneuvers that left little to chance or market opportunities. P used the contingent payment sale provisions of sec. 15a.453-1(c), Temporary Income Tax Regs., 46 Fed. Reg. 10711 (Feb. 4, 1981), to report the sale for Federal income tax purposes. In accordance therewith, P reported a large capital gain in the year of sale; most of this gain was allocated to A. In a later year, after P redeemed A's entire interest, P sold the notes and reported a corresponding capital loss, most of which was allocated to C. The loss was carried back to 1988 by C to offset its gain. Held: The Court will disregard the CINS transaction for Federal income tax purposes because it lacked economic substance. Fred T. Goldberg Jr., Albert H. Turkus, Pamela F. Olson, William L. Goldman, Christopher Kliefoth, and Joni Lupovitz, for petitioner. Jill A. Frisch, Patricia A. Donahue, Edward D. Fickess, Sheila Olaksen, Elizabeth P. Flores, Brian J. Condon, and James M. Guiry, for respondent. CONTENTS Findings of Fact 1. The Contingent Installment Sale Transaction ....... 5 2. Development of Colgate's Liability Management Partnership.................................. 10 3. The Partners ...................... 24 4. The Partnership Agreement ............... 29 5. Initial Stage of Colgate's Partnership Strategy ........................ 35 6. Tax and Financial Accounting for the Results ...... 47 7. Final Stage of Colgate's Partnership Strategy ..... 54 8. Merrill's Collateral Swap Transactions ......... 59 9. ABN's Investment Management .............. 70Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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