CGF Industries, Inc. and Subsidiaries - Page 41




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               where, as here, the facts reveal that the entire                       
               transaction was set up around the expectation that the                 
               joint implementation of Gordon's investment strategy                   
               would occur. * * * [Id. at 331 n.16.]                                  
               Petitioners also attempt to focus our attention on the fact            
          that only a part of their distributions was used by the Family              
          Trusts to invest in the limited partnerships.  Advancing what is            
          essentially the same argument as above, petitioners contend that            
          each trust exercised its separate discretion in deciding whether,           
          and to what extent, it would participate in Mr. Page's joint                
          investment scheme.  Thus, they would have us treat their distri-            
          butions separately from the actual joint purchases and would have           
          us regard the remainder acquisitions as the result of the Family            
          Trusts' independent investment decisions.  While we recognize               
          that petitioners' distribution amounts did not accord absolutely            
          with the amounts subsequently invested by the Family Trusts in              
          the limited partnerships, there was substantial overlapping.  In            
          the case of CGF, $7,977,586 was transferred to the CGF Family               
          Trusts within 2 months of the trusts' investing $5,928,810 in the           
          CGF Partnerships.  In the case of Lincoln, $5,440,000 in stock              
          redemptions was distributed to the Lincoln Family Trusts in March           
          1988, the same month in which those trusts subsequently invested            
          $3,287,774 in the first four Lincoln Partnerships created.  In              
          October 1988, Lincoln distributed $3,998,678 in dividends to                
          those Family Trusts, which subsequently invested $3,449,342 in              
          the last five Lincoln Partnerships formed in early December.                




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