- 3 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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