- 6 - Internal Revenue Code and Treasury regulations, F&G elected to treat Hamilton as having purchased the recyclers for purposes of the investment and business energy tax credits. Simultaneously, Hamilton entered into a joint venture with PI and Resin Recyclers Inc. (RRI) for the “exploitation” of the recyclers. The joint venture agreement provided that RRI was to assist Hamilton with the placement of recyclers with end-users. At the same time, PI, ECI, F&G, Hamilton, and RRI entered into arrangements providing that PI would pay a monthly joint venture fee to Hamilton, in the same amount that Hamilton 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, Hamilton, and RRI entered into offset agreements providing that these monthly payments would only be kept 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. The parties have stipulated that as of September 30, 1983, only one Sentinel EPS recycler was placed in service by Hamilton. However, on its 1982 tax return, also stipulated in evidence, Hamilton reported that the four recyclers had a combined basis of $7 million for purposes of the investment and business energy taxPage: 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