Santa Monica Pictures, LLC, Perry Lerner, Tax Matters Partner - Page 32

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          entities claimed on their respective 1997 partnership tax returns           
          and that SMP claimed on its 1998 partnership tax return.                    
               Petitioner disagrees.  Petitioner contends, among other                
          things, that substance over form principles do not apply because,           
          when the contribution of SMHC stock and debt occurred (and                  
          thereafter), the Ackerman group had the legitimate business                 
          purpose of getting into the film business with the Credit                   
          Lyonnais group.                                                             
               Ultimately, we must decide:  (1) Whether SMP is entitled to            
          a $147,486,000 capital loss on its sale to TroMetro of a $150               
          million receivable in 1997; (2) whether SMP is entitled to                  
          capital losses of $11,647,367 and $62,237,061 on its sales to               
          Imperial of portions of its Corona membership interest in 1997;             
          (3) whether SMP is entitled to a $80,190,418 capital loss on its            
          sale to TroMetro of an $81 million receivable in 1998; (4)                  
          whether Corona is entitled to a capital loss on its sale to                 
          TroMetro of a $79 million receivable in 1997;8 (5) whether                  
          accuracy-related penalties under section 6662(a) or (h) apply               
          with respect to the partnership adjustments to SMP’s 1997 and               
          1998 returns and Corona’s 1997 return.9                                     

               8 Corona claimed a $78,768,955 capital loss from the sale of           
          the $79 million receivable in 1997.  We do not have jurisdiction            
          over the portion of this loss that passed through to Imperial;              
          i.e., $74,671,378.  See supra note 5.                                       
               9 On SMP’s FPAA for 1998, respondent also determined a                 
                                                             (continued...)           





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