Robert Gottsegen - Page 4

                                        - 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 in           




Page:  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