Saba Partnership, Brunswick Corporation, Tax Matters Partnership - Page 40




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              a tax motive, even though the people fighting to defend                 
              the tax advantages of the transaction might not or                      
              would not have undertaken it but for the prospect of                    
              such advantages--may indeed have had no other interest                  
              in the transaction.                                                     
         In the instant cases, the partnerships converted large sums of               
         cash into relatively illiquid investments (PPNs and CDs) and,                
         within a few weeks, incurred significant costs converting the                
         investment to 80 percent cash and 20 percent LIBOR notes.  The               
         partnerships' short-term investment in the PPNs and CDs, which               
         guaranteed a net economic loss after accounting for transaction              
         costs, begs the question why the partnerships did not simply                 
         invest 20 percent of its cash in LIBOR notes.  The only plausible            
         explanation is that the partnerships' short-term investment in               
         the PPNs and CDs set the stage for greater financial returns in              
         the form of tax losses for Brunswick.  We are convinced that no              
         reasonable business person would have participated in the CINS               
         transactions, as they were designed and implemented in these                 
         cases, except for a tax motive.                                              
              In Goldstein v. Commissioner, supra, one of the taxpayers,              
         Tillie Goldstein, sought to shelter $140,000 that she won in the             
         Irish sweepstakes by borrowing $945,000 from 2 banks at 4 percent            
         interest, and investing the proceeds in $1 million face amount               
         U.S. Treasury securities maturing in 3 or 4 years, and which paid            
         interest of either one-half of 1 percent or 1-1/2 percent.  She              
         then prepaid interest in the amount of $81,396, and sought to                






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