- 3 - case are substantially identical to the transactions in Provizer v. Commissioner, supra. In Provizer, the Court held that the transactions involving Sentinel EPE2 recyclers (recyclers) were so lacking in economic substance that they were to be disregarded for Federal income tax purposes. In a series of simultaneous transactions closely resembling those in Provizer, Packaging Industries Group, Inc. (PI), manufactured and sold3 four recyclers to Ethynol Cogeneration, Inc. (ECI), for $3,924,000. ECI agreed to pay PI $327,000 for the recyclers at closing, with the balance of $3,597,000 financed through a 12-year nonrecourse promissory note (ECI note). ECI resold the recyclers to F&G Equipment Corp. (F&G) for $4,650,668. F&G agreed to pay $377,000 in cash, with the balance of $4,273,668 financed through a 12-year partial recourse promissory note (F&G note). The F&G note was purportedly recourse to the extent of 20 percent of its face value; however, the recourse portion was payable only after the nonrecourse portion was satisfied. 2 EPE stands for expanded polyethylene. 3 Terms such as “sale” and “lease”, as well as their derivatives, are used for convenience only and do not imply that the particular transaction was a sale or lease for Federal tax purposes. Similarly, terms such as “joint venture” and “agreement” are also used for convenience only and do not imply that the particular arrangement was a joint venture or an agreement for Federal tax purposes.Page: 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