Salina Partnership LP - Page 3




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          forth adjustments to the partnership’s tax return for its taxable           
          year ended December 31, 1992.  Respondent subsequently mailed a             
          copy of the FPAA to FPL Group, Inc. (FPL or petitioner), a Salina           
          notice partner.  FPL, in its capacity as a partner other than the           
          TMP, filed a timely petition for readjustment contesting the FPAA.1         
          See sec. 6226(b).                                                           
               The issue for decision is whether the partnership realized a           
          short-term capital gain of $344,234,365 for the taxable year ended          
          December 31, 1992.2  (The situation presented in this case is one           
          in which “normal” roles of the parties appear to be reversed                
          inasmuch as FPL is defending Salina’s reporting of the $344 million         
          gain against respondent’s assertion that Salina realized a short-           
          term capital gain of only $334,214.)  Respondent’s determination is         
          based on alternative grounds, including arguments that:  (1) FPL’s          
          purchase of a 98-percent partnership interest in Salina was a sham          
          in substance; and (2) Salina erred in failing to apply section 752          
          in computing its substituted basis (from its partners) in its               
          assets.                                                                     




               1    The parties stipulated that venue for purposes of                 
          appeal is to the U.S. Court of Appeals for the Eleventh Circuit.            
          See sec. 7482(b)(2).                                                        
               2    The parties agree that if petitioner prevails, the                
          amount of the partnership’s interest income is $700,713 for the             
          period in question, whereas if respondent prevails, the amount of           
          the partnership’s interest income is $147,252.                              





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