- 27 -27 attributable to the sale of the PPNs and LIBOR notes) and various fees (i.e., Merrill Lynch's legal, accounting, and various financial services fees). Barber and Dominguito collectively contributed $990 million to ASA and ultimately received $1,046,720,226. The $1,046,720,226 consisted of: $540,600,000 from AlliedSignal's August 2, 1990, purchase of all of Barber's, and a portion of Dominguito's, interests; $168,860,297 from redemptions of Dominguito's interest; $331,543,679 in income and property distributions to Barber and Dominguito; and $5,716,250 in direct payments from AlliedSignal to Barber, Dominguito, and ABN. ABN ultimately received all payments to Barber and Dominguito. In addition, ABN received $5,851,355 from its swap transactions. XIII. Respondent's Determinations On September 27, 1996, respondent issued the FPAA. In the FPAA, respondent disallowed the capital gain, portfolio income, portfolio expenses, and a portion of the basis in the LIBOR notes reported by ASA. Respondent reallocated 90 percent of such items to AlliedSignal and 10 percent of such items to ASIC. In the FPAA, respondent contends that ASA is not a valid partnership and that Barber and Dominguito are not partners. As an alternative position, respondent contends that the transactions lack economic substance. Respondent further states that if this contention is sustained, "no gain will be realizedPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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