- 2 - Lewis R. Mandel, and Trevor T. Wetherington, for respondent. FOLEY, Judge: By notice dated October 6, 1992, respondent determined a $291,011 deficiency in petitioner's 1988 Federal income tax. The primary issue for decision is whether petitioner, pursuant to section 367(a), recognized gain relating to the swap transaction. We hold petitioner did not. All section references are to the Internal Revenue Code in effect for the year in issue. FINDINGS OF FACT In the 1980's, the Mexican Government created a "debt- equity-swap" (swap) program that was designed to encourage foreigners to invest in Mexico and reduce the outstanding balance of the Mexican Government's foreign-currency-denominated debt. The program's swap transactions involved a series of prearranged steps that were accompanied by extensive documentation. In these transactions, a U.S. investor could purchase an interest in the Mexican Government's U.S.-dollar-denominated debt and, in exchange for stock, transfer such interest to its Mexican subsidiary.1 The debt would then be canceled, and the Mexican Government would transfer pesos to the subsidiary. 1 Compare G.M. Trading Corp. v. Commissioner, 121 F.3d 977, 979 (5th Cir. 1997), revg. 103 T.C. 59 (1994), supplemented by 106 T.C. 257 (1996), where the taxpayer transferred debt to the Mexican Government in exchange for pesos.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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