- 6 - In turn, F&G leased the recyclers to Masters. Pursuant to the lease and in accordance with applicable provisions of the Internal Revenue Code and Treasury regulations, F&G elected to treat Masters as having purchased the recyclers for purposes of the investment and business energy tax credits. Simultaneously, Masters entered into a joint venture with PI and Resin Recyclers, Inc. (RRI). The joint venture agreement provided that RRI was to assist Masters with the placement of recyclers with end-users. At the same time, PI, ECI, F&G, Masters, and RRI entered into arrangements that provided that PI would pay a monthly joint venture fee to Masters, in the same amount that Masters would pay as monthly rent to F&G, in the same amount as F&G would pay monthly on its note to ECI, in the same amount that ECI would pay each month on its note to PI. In connection with these arrangements, PI, ECI, F&G, Masters, and RRI entered into offsetting agreements so that these monthly payments were kept only as bookkeeping entries and no money actually was transferred. Consequently, all of the monthly payments required among the entities in the above transactions offset each other, and the transactions occurred simultaneously. On its 1982 tax return Masters reported that the four recyclers had an aggregate basis of $7,000,000, or $1,750,000 each, for purposes of the investment and business energy tax credits. In the present cases, the parties stipulated that inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011