- 3 - Opinion 1. Mechanics of a Contingent Payment Sale ......... 83 2. Economic Substance ................... 85 a. Introduction .................... 85 b. Profit ....................... 98 c. Hedging Within the Four Corners of the Partnership ................. 113 d. Interim Use for Idle Cash ............. 133 e. The Pattern of Ostensibly Market-Driven Decisions ..................... 137 MEMORANDUM FINDINGS OF FACT AND OPINION LARO, Judge: ACM Partnership (ACM or the partnership), Southampton-Hamilton Co. (Southampton), Tax Matters Partner, petitioned the Court under section 6226 to readjust respondent's adjustments of partnership items flowing from the partnership. Respondent issued ACM a notice of final partnership administrative adjustment (FPAA) that reflects adjustments to ACM's partnership return of income for its taxable years ended November 30, 1989 (FYE 11/30/89), November 30, 1990 (FYE 11/30/90), November 30, 1991 (FYE 11/30/91), and December 31, 1991 (FYE 12/31/91). In relevant part, respondent eliminated the capital gain reported by ACM in FYE 11/30/89 as resulting from the transaction described herein, and she disallowed the corresponding capital loss reported in FYE 12/31/91. Respondent asserted a number of alternative theories in the FPAA to support the adjustments. Primarily, respondent asserted,Page: 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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