Santa Monica Pictures, LLC, Perry Lerner, Tax Matters Partner - Page 25

                                        -113-                                         
          membership interest to Imperial at a substantial loss.  Under               
          section 704(c), Imperial succeeded to SMP’s inside basis in the             
          $79 million receivable.  When the $79 million receivable was sold           
          to TroMetro, Imperial (and to some extent SMP) was allocated the            
          substantial loss from that sale, effectively duplicating the loss           
          that SMP had realized on the sales of its Corona membership                 
          interest.                                                                   
          II.  Burden of Proof                                                        
               Generally, in actions to redetermine respondent’s                      
          partnership-level adjustments in an FPAA, as in other actions in            
          this Court, the burden of proof is on petitioner, unless                    
          otherwise provided by statute or determined by the Court.  Rules            
          142(a), 240(a); Saba Pship. v. Commissioner, T.C. Memo. 2003-31.            
               Respondent has pleaded new matter in his amendments to                 
          answer, filed April 23, 2004; specifically, that SMP’s reported             
          tax basis in its SMHC stock should be adjusted to zero and that             
          SMP’s sales of receivables to TroMetro should be treated as sales           
          of an option to acquire an equity interest in SMHC or its                   
          successor.  Under Rule 142(a), respondent bears the burden of               
          proof with respect to this new matter.82                                    



               82 Petitioner contends that respondent’s pretrial memorandum           
          raises certain issues, generally relating to the bona fides of              
          the $79 million receivable, that constitute new matter.  We                 
          disagree.  The issues in question relate to the adjustments                 
          determined in the FPAAs.                                                    





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