Saba Partnership, Brunswick Corporation, Tax Matters Partnership - Page 45




                                       - 131 -                                        
              Respondent contends that the partnerships are required to               
         report interest income derived from both the PPNs and CDs as well            
         as the LIBOR notes.  Respondent further contends that petitioner             
         failed to prove that the amounts paid to Fides and Cravath,                  
         Swaine, & Moore are legitimate partnership expenses.                         
              Consistent with our determination that the partnerships’                
         purchase and sale of the PPNs and CDs will not be respected for              
         tax purposes, we agree with petitioner that the interest paid on             
         the PPNs and CDs is not includable in the partnerships’ income               
         for the years in issue.  See, e.g., Sheldon v. Commissioner, 94              
         T.C. 738, 762 (1990).  Consistent with this holding, the                     
         partnerships are not entitled to any deductions associated with              
         the purchase and sale of the PPNs and CDs.                                   
              The parties are in agreement that the partnerships are                  
         required to include in their taxable income the interest payments            
         that they received on the LIBOR notes during the taxable years in            
         issue.  Consistent with the parties’ agreement on this point, we             
         conclude that the partnerships are entitled to deduct a portion              
         of the fees that Saba and Otrabanda paid to the Cravath firm.                
              Respondent disallowed a deduction of $120,266 that Saba had             
         reported for amounts paid to the Cravath firm during the taxable             
         year ended March 31, 1991, as well as the amortization of $1,500             
         and $8,500 attributable to amounts paid to the Cravath firm for              
         the taxable years ended March 31, 1991 and June 21, 1992,                    






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