Amdahl Corporation and Consolidated Subsidiaries - Page 23

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          employees' relocations.  In addition, any risks of loss that                
          petitioner was subjected to were insignificant in comparison to             
          the primary motives of petitioner.  Petitioner's financial stake            
          in the residences was limited and consisted of the maintenance              
          costs and equity payments.  Petitioner was indemnified for the              
          equity payments and maintenance expenses from the proceeds of the           
          sale to third parties.  The residences were generally sold to               
          third parties within a few months of the contracts of sale, and             
          maintenance expenses paid by petitioner during that short time              
          were small in comparison to the residences' value.  In addition,            
          the equity payments were based on the residences' appraised                 
          value.  The risk that the residences could not be sold at their             
          appraised values, although controlled by market conditions, is              
          insufficient in this setting to reach the conclusion that                   
          petitioner, in substance, became the residences' owner for                  
          Federal tax purposes.                                                       
               As noted by respondent, relocating employees gave up the               
          right to use the residences and control their disposition.                  
          Relocating employees had no say in the decision to accept third-            
          party offers after entering the contracts of sale.  Petitioner              
          acquired control over the disposition of the residences.                    
          Pursuant to the terms of the RSC contract, the RSC had authority            
          to accept or reject any offer within a specified percentage of              
          the residences' appraised value.  In practice, however, the RSC             
          consulted with petitioner over whether to accept or reject a                




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