-226- 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 withPage: Previous 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 Next
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