Saba Partnership, Brunswick Corporation, Tax Matters Partnership - Page 15




                                       - 104 -                                        
         Section 1001(b) defines the "amount realized" as "the sum of any             
         money received plus the fair market value of the property (other             
         than money) received."  Section 1001(c) provides: "Except as                 
         otherwise provided in this subtitle, the entire amount of the                
         gain or loss, determined under this section, on the sale or                  
         exchange of property shall be recognized."                                   
              According to petitioner, section 1001(c) and section 1.1002-            
         1(b), Income Tax Regs., which provides that exceptions to the                
         general rule of section 1001(c) must be "strictly construed and              
         do not extend either beyond the words or the underlying                      
         assumptions and purposes of the exception", compel the Court to              
         respect the tax consequences of a sale or exchange of property               
         regardless of the economic substance of the transaction.                     
         Petitioner further asserts that the legislative history of                   
         section 1001 reflects Congress' clear intent to tax the gain or              
         loss on all exchanges of property.  Petitioner cites the                     
         legislative history of section 203 of the Revenue Act of 1924,               
         ch. 234, 43 Stat. 253, which states:                                         
              It appears best to provide generally that gain or loss is               
              recognized from all exchanges and then except specifically              
              and in definite terms those cases of exchange in which it is            
              not desired to tax the gain or allow the loss.  This results            
              in definiteness and accuracy and enables a taxpayer to                  
              determine prior to the consummation of a given transaction              











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