- 20 - expense of the partnerships for the services provided by SMC. The essence of these transactions is that petitioner, through entities in which he held an interest, earned and paid the same management fees; i.e., moved management fees from his “passive pocket” to his “nonpassive pocket”. Under those circumstances, the partnerships’ management fee deductions should be offset8 against the management fee payments (income) received by SMC. There was no net accretion of wealth with respect to the management services provided from SMC to the partnerships. Under respondent’s determination, petitioners would be required to recognize income even though respondent does not dispute that, in effect, petitioner has simply paid a management services fee to himself. Respondent has identified no difference between the circumstances in this case and those set forth in the proposed regulation and the legislative history permitting an offset where a taxpayer’s self-charged transaction involves interest (a lending transaction). Respondent’s position denying the offset to petitioners is not only contrary to the legislative history and intent of Congress, but it does not appear to be based on any established tax policy or any reason other than the failure to promulgate a regulation. Again, we note that respondent has not articulated 8 Any offset must, of course, be limited to petitioners’ ownership percentages.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011