Michael A. Lacher and Judith W. Lacher - Page 4




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          published opinion 996 F.2d 1216 (6th Cir. 1993).  For a detailed              
          discussion of the transactions involved in the Plastics Recycling             
          cases, see Provizer v. Commissioner, supra.                                   
               The facts concerning the transactions in Provizer can be                 
          summarized as follows.  Packaging Industries Group, Inc. (PI),                
          manufactured and sold six Sentinel Recyclers (the recyclers) to               
          Ethynol Cogeneration, Inc. (ECI), for $981,000 each.  The sale of             
          the recyclers from PI to ECI was financed with nonrecourse notes.             
          In turn, ECI resold the recyclers to F&G Equipment Corp. (F&G)                
          for $1,162,666 each.  The sale of the recyclers by ECI to F&G was             
          also financed with notes.  These notes provided that 10 percent               
          of the note amount would be recourse but that the recourse                    
          portion would only be due after the nonrecourse portion had been              
          paid in full.  Subsequently, F&G leased the recyclers to the                  
          Clearwater Group partnership, which then licensed the recyclers               
          to First Massachusetts Equipment Corp. (FMEC), which sublicensed              
          them back to PI.  PI allegedly sublicensed the recyclers to                   
          entities (the end-users), which would use them to recycle plastic             
          scrap.  The sublicense provided that the end-users would transfer             
          100 percent of the recycled scrap to PI in exchange for payment               
          from FMEC based on the quality and amount of recycled scrap.  All             
          the foregoing transactions were executed simultaneously.                      
               In Provizer v. Commissioner, supra, we resolved the Plastics             
          Recycling matter as follows:  (1) We found that each recycler had             






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