CGF Industries, Inc. and Subsidiaries - Page 25




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          Respondent disallowed all of Lincoln's amortization deductions in           
          connection with owning the Lincoln term interests.                          
          Discussion                                                                  
               The issue we must decide is whether CGF and its subsidiaries           
          and Lincoln and its subsidiaries are entitled to amortize their             
          costs of acquiring term interests in partnerships.  Petitioners             
          argue that they acquired expiring interests in property, and,               
          since their interests are wasting assets, that they are entitled            
          to recover their costs through amortization deductions.  Peti-              
          tioners go on to argue that they and the Family Trusts (meaning             
          the CGF Family Trusts and the Lincoln Family Trusts collectively)           
          engaged in arm's-length transactions since petitioners acquired             
          only term interests in partnerships and based their purchase                
          prices on present value tables then contained in the Federal                
          regulations.                                                                
               Respondent contends that petitioners and the Family Trusts             
          engaged in a tax scheme whose main purpose was to extract money             
          from the corporations without the incidence of taxation.  Respon-           
          dent asserts that the transactions lacked business purpose and              
          economic substance since petitioners had no reasonable expecta-             
          tion of making a profit.  Respondent argues further that, since             
          petitioners supplied a substantial portion of the money used to             
          acquire the remainder interests, the substance of the transac-              
          tions was the acquisition by petitioners of partnership interests           
          B in their entirety and a carving out of the remainders to the              
          Family Trusts.  Thus, respondent concludes that petitioners have            

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Last modified: May 25, 2011