Saba Partnership, Brunswick Corporation, Tax Matters Partnership - Page 119




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              Brunswick filed a Form 1120 for 1991 reporting (on a                    
         consolidated basis) a long-term capital loss of $32,631,287                  
         attributable to SBC's sale of the remaining Norinchukin LIBOR                
         note.  Brunswick used $846,745 of its claimed 1991 capital losses            
         in 1991 and carried back $16,580,600 and $6,362,009 of the loss              
         to 1989 and 1988, respectively.  Brunswick carried forward                   
         $8,841,933 of its claimed 1991 capital losses.                               
              Brunswick provided reserves for 100 percent of the tax                  
         attributable to its reported net capital losses from the Saba and            
         Otrabanda transactions in its deferred tax account.                          
         XIII.  Respondent's Determinations                                           
              A.  Saba FPAA                                                           
              On December 30, 1996, respondent issued an FPAA to Saba.                
         Respondent determined:  (1) The transactions financing the                   
         purchase and sale of the Chase PPNs would not be recognized for              
         Federal income tax purposes for lack of economic substance; (2)              
         Saba would not be recognized as a partnership; (3) partnership               
         items would be reallocated to Brunswick (95 percent) and Skokie              
         (5 percent); and (4) the basis of the 3 LIBOR notes distributed              
         to Brunswick was $26,601,451 and the basis of the remaining LIBOR            
         note transferred to SBC was $7,032,954.  In addition, respondent             
         disallowed certain deductions.  First, respondent disallowed                 
         $25,000 of a $56,050 deduction that Saba had reported for amounts            
         paid to N.V. Fides during the taxable year ended March 31, 1991.             






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