- 4 - Transactions involving the Sentinel EPE recycler were considered in Provizer v. Commissioner, supra. Petitioner has stipulated to substantially the same facts concerning the underlying transactions as were found in Provizer, with the exception of certain facts concerning (1) the Provizers, (2) the expert opinions, (3) the value of the Sentinel EPE recycler, and (4) other matters that we regard as having minimal significance. The facts concerning the transactions as found in Provizer may be summarized as follows: Packaging Industries, Inc. (PI) manufactured and sold six Sentinel EPE recyclers to ECI Corp. for $981,000 each. ECI Corp., in turn, resold the recyclers to F&G Corp. for $1,162,666 each. F&G Corp. then leased the recyclers to the Clearwater Group partnership, which licensed the recyclers to FMEC Corp., which sublicensed them back to PI. PI allegedly sublicensed the recyclers to entities (the end-users), which would use them to recycle plastic scrap. The sublicense agreements provided that the end-users would transfer to PI 100 percent of the recycled scrap in exchange for payment from FMEC Corp. based on the quality and amount of recycled scrap. All of the foregoing transactions were executed simultaneously. The sale of the recyclers from PI to ECI Corp. was financed with nonrecourse notes. Approximately 7 percent of the sales price of the recyclers sold by ECI Corp. to F&G Corp. was paid inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011