Saba Partnership, Brunswick Corporation, Tax Matters Partnership - Page 103




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              F.  Brunswick's Sale of LIBOR Notes                                     
              On November 5, 1990, Brunswick and Merrill Lynch executed a             
         letter agreement under which Merrill Lynch agreed to serve as                
         Brunswick's exclusive agent to arrange for the sale of the 4                 
         Sumitomo LIBOR notes.                                                        
              On November 28, 1990, Brunswick sold the 4 Sumitomo LIBOR               
         notes to BFCE for $17,458,827.  Merrill Lynch arranged the                   
         transaction.  Brunswick determined that it incurred a capital                
         loss on the sale of the Sumitomo LIBOR notes.  Brunswick                     
         determined that its basis in the 4 LIBOR notes was equal to the              
         unused portion of Otrabanda's basis in the IBJ CDs or                        
         $83,333,333: ($100,000,000 (Otrabanda's cost basis in the IBJ                
         CDs) less $16,666,667 (the portion of Otrabanda's cost basis used            
         in computing Otrabanda's gain on the sale of the IBJ CDs)).                  
              On its consolidated Federal income tax return for 1990,                 
         Brunswick reported a net short-term capital loss of $60,174,506              
         attributable to Otrabanda.  The $60,174,506 net short-term                   
         capital loss consists of the difference between Brunswick's                  
         purported basis in the 4 Sumitomo LIBOR notes and the sales price            
         of the notes, less Brunswick's distributive share of the gain                
         reported by Otrabanda on the sale of the IBJ CDs: ($83,333,333 -             
         $17,458,827) - $5,700,000 = $60,174,506.                                     
              On its consolidated Federal income tax return for 1990,                 
         Brunswick reported Skokie’s distributive share of the gain                   





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