- 33 - subsidiaries (including Telesat, Alandco, Turner Foods, and a separate banking business). On the basis of the record presented, we conclude that FPL would have used most, if not all, of its CPG loss within the 5-year period for reporting loss carryovers under section 1212(a). Accordingly, although we shall not attempt to precisely quantify the potential value of the tax benefit associated with FPL’s investment in Salina, we are satisfied that the potential profits associated with the investment were not de minimis relative to the perceived tax benefit. 2. Section 752 Having concluded that FPL’s investment in the Salina partnership was not a sham in substance, we now review the disputed transaction on its merits. Respondent maintains that Salina substantially overstated the amount of its short-term capital gain by failing to treat its obligation to return the Treasury bills that it sold short as a “liability” under section 752(a). Section 752(a) provides: SEC. 752. Treatment of Certain Liabilities.-- (a) Increase In Partner’s Liabilities.-–Any increase in a partner’s share of the liabilities of a partnership, or any increase in a partner’s individual liabilities by reason of the assumption by such partner of partnership liabilities, shall be considered as a contribution of money by such partner to the partnership. Assuming that Salina’s obligation to close its short sale constituted a partnership liability under section 752, respondent posits that FPL’s pro rata share of the liability would havePage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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