- 540 - (1) The general partner was Autochthon Administration, Inc. --($10); and (2) the limited partners were the Penobscot Nation-($989); and Autochthon Investment, Inc.--($1). The president of Autochthon Administration, Inc., was an associate of Mallin. OPINION IRA contends that it and the TG limited partnership's transfer of assets to Decision Holdings qualifies for nonrecognition treatment under section 351. IRA claims that the cost or basis of the interests transferred by TG to Decision Holdings as of December 1, 1988, was $1,091,641. Thus, it is asserted that Decision Holdings, under section 362, had a carryover of TG's basis in the assets the limited partnership transferred to it, so that Decision Holdings realized a $1,073,835 loss on the sale of those assets to Autochthon. IRA further maintains that (1) respondent's argument that section 351 is inapplicable to the transaction was not raised in the notice of deficiency, and such issue is not properly before the Court; (2) there was a business purpose for the transaction; and (3) Decision Holdings' basis in the assets it subsequently sold was substantiated. Respondent contends that IRA engaged in the purported section 351 transaction for tax avoidance purposes in order to enable it to claim a loss in excess of $1 million from DecisionPage: Previous 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 Next
Last modified: May 25, 2011