- 4 - 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 hadPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011