- 69 - 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 gainPage: Previous 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 Next
Last modified: May 25, 2011