- 48 - Kannex paid neither U.S. nor foreign tax on its 82.63 percent distributive share of the partnership capital gain. On its consolidated Federal income tax return for 1989, Colgate reported a net capital loss attributable to Southampton in the amount of $13,521,432, representing the difference between Southampton's distributive share of the partnership capital gain ($18,908,407) and the capital loss that Southampton recognized on the sale of the BFCE Notes to Sparekassen ($32,429,839).11 During the years at issue, Colgate retained Arthur Andersen & Co., as its accountants. In connection with the audit of Colgate's consolidated financial statement for 1989, the audit engagement team and Arthur Andersen's tax team discussed with Colgate's treasury, financial, and tax department personnel how to report the partnership and its activities for financial accounting purposes. Representatives of Merrill were also present. An outline was presented of the planned sequence of 11 Colgate computed the loss as follows: Cash proceeds $9,406,180 Imputed interest on contingent payments (48,693) Amount realized 9,357,487 Citicorp Note basis plus accrued interest 50,144,161 Basis allocable to LIBOR Notes (5/6) 41,786,801 Section 1274 interest accrued by ACM 525 Adjusted basis allocable to LIBOR Notes 41,787,326 Capital loss 32,429,839Page: Previous 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Next
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