Santa Monica Pictures, LLC, Perry Lerner, Tax Matters Partner - Page 149

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          we concluded that the taxpayer’s assignment of the notes to the             
          partnership was “not intended to have any economic significance”            
          and should be disregarded  Id. at 11.                                       
               Similarly, in the instant case, the transaction between the            
          banks and the Ackerman group carried the seeds of its own                   
          undoing:  it depended upon the banks’ withdrawing from the very             
          partnership they purported to join.  The banks’ “contributions”             
          to the partnership were not intended to have any economic                   
          significance apart from transferring built-in tax losses.  The              
          transaction, if respected, would produce tax results not                    
          contemplated by subchapter K:  staggering capital losses would be           
          allocated to partners in the absence of any economic losses, to             
          be used to shelter unrelated income not only for themselves but             
          also for other taxpayers to whom, for a fee, the Ackerman group             
          might market the losses.  To paraphrase Wilkinson:  We cannot               
          believe that a romp down the yellow brick road of subchapter K              
          can yield these absurd results.                                             
               G.  Conclusion                                                         
               We conclude that the transaction whereby the banks purported           
          to partner with the Ackerman group lacked economic substance.               
          The Ackerman group and the banks did not intend to partner in a             
          film distribution business.  Rather, the transaction was designed           
          to transfer built-in tax losses to the Ackerman group for $10               
          million.  The economic realities of the transaction align with              






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