Saba Partnership, Brunswick Corporation, Tax Matters Partnership - Page 6




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          Corporation as Brunswick or petitioner.)  These cases were                  
          consolidated for purposes of trial, briefing, and opinion.                  
               On the date that Brunswick filed the petitions herein, Saba            
          and Otrabanda had been liquidated and no longer maintained a                
          principal place of business.                                                
               Respondent's adjustments in these cases are based on                   
          alternative determinations.  The central issue for decision is              
          whether the partnerships' purported contingent installment sale             
          transactions (hereinafter CINS transactions) should be                      
          disregarded for tax purposes because they lack economic                     
          substance.                                                                  
               Unless otherwise clear from the context, the following                 
          words, their derivatives, and related terms are used for                    
          narrative convenience only to describe the form of the disputed             
          transactions:  "invest", "purchase", "gain", "loss", "borrow",              
          "loan", "pay", "sale", "distribute", "note", "agreement",                   
          "commission", and "interest".  By our use of such terms, we do              
          not mean to suggest any conclusions concerning the actual                   
          substance or characterization of the transactions for tax                   
          purposes.  Unless otherwise indicated, section references are to            
          sections of the Internal Revenue Code in effect for the years in            
          issue, and Rule references are to the Tax Court Rules of Practice           
          and Procedure.                                                              







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