- 3 - of the borrowed funds in the present case are attributable to the purchase of portfolio stock by HEI [the parent] or were used to purchase or carry tax-exempt securities by HEI is a fact question and not one to be decided on a summary judgment motion." Id. at 85. In this report, we address the factual questions identified in H Enterprises I. FINDINGS OF FACT Certain facts have been stipulated and are so found. The stipulations of facts filed by the parties, with attached exhibits, are incorporated herein by this reference. Also, the Court directed the parties to review those facts set forth in H Enterprises I and provide the Court with statements of differences or objections, if any, with respect to those facts. The parties have identified as the facts set forth in H Enterprises I the facts set forth in the five consecutive paragraphs commencing with the last paragraph beginning on page 73 of volume 105, U.S. Tax Court Reports (105 T.C. at 73; the H Enterprises I facts). The parties agree with the H Enterprises I facts subject to certain common, minor, or inconsequential differences. In light of those agreements, we shall adopt the H Enterprises I facts for purposes of this report, subject to (and incorporating) the differences agreed to by the parties, and we find accordingly. In the following paragraphs of this portion of our report, we shall summarizePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011