- 23 - effective dates of the Caroline County farm contract and the Virginia Beach property contract, Delaware Corporation completed several major construction projects for which it had been able to obtain the financing and the bonding that permitted it to bid successfully on such projects. At all relevant times, including the respective effective dates of the Caroline County farm contract and the Virginia Beach property contract and all relevant times thereafter during the taxable years in question,6 petitioners did not intend that Ms. Havens transfer to Delaware Corporation equitable ownership of and legal title to the Caroline County farm and the Virginia Beach property. Thus, Delaware Corporation assigned its interest in the Caroline County farm contract (Caroline County farm assignment) to MSG-STG L.P., a family limited partnership con- trolled by Ms. Havens. The Caroline County farm assignment, which was effective as of November 9, 1994, provided in pertinent part as follows: THIS ASSIGNMENT of Contract Interest, made Novem- ber 9, 1994, by and between DELAWARE CORPORATION, a Virginia Corporation (Assignor), and MSG-STG L.P., a Virginia Limited Partnership (Assignee). 6The taxable years for which respondent determined deficien- cies and penalties against Ms. Havens and Mr. Barber are 1994 and 1995. The taxable years for which respondent determined defi- ciencies and penalties against Delaware Corporation are 1994 and 1997. The deficiency and the penalty that respondent determined for Delaware Corporation’s taxable year 1997 are attributable to respondent’s disallowance of a claimed NOL carryforward from its taxable year 1995.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011