-243- property must be worthless in a relative and an absolute sense.” See Buchanan v. United States, supra at 201. Whether we compare the value of the EBD film rights, the Carolco securities, and the NOLs in SMHC to the size of the receivables or to a zero figure, we reach the same conclusion. We conclude that the receivables were worthless both in a relative and an absolute sense.170 We hold that Generale Bank’s and CLIS’s purported contributions of the SMHC receivables to SMP were not a “contribution of property” within the meaning of section 721 and the partnership basis rules, and that SMP obtained no basis in those receivables pursuant to section 723.171 170 Petitioner also contends that there was “potential value” in SMHC. Petitioner claims that “Messrs. Ackerman and Lerner (through Rockport) had expressed an interest in SMHC stock and had presented a proposal to the Banks which would entail the continuation and rejuvenation of that company, rather than its destruction.” For the reasons stated supra, we find that the Ackerman group, CDR, and the banks did not intend to engage in any film business. Moreover, SMHC was virtually devoid of assets, and any recovery in that company would have required an infusion of new capital. 171 Respondent argues, alternatively, that under sec. 1016(b), Generale Bank’s and CLIS’s bases in the SMHC receivables should have been adjusted to account for worthlessness deductions that Generale Bank and CLIS could have taken, but did not. Sec. 1016(b) provides that, in the case of substituted basis property, proper adjustments to basis shall be made in respect of the period during which the property was held by the transferor, donor, or grantor. We cannot agree that sec. 1016(b) requires an adjustment for bad debt deductions that could have been taken, but were not. None of the specified adjustments in sec. 1016(a) refers to sec. 166 bad debt deductions. In any event, because we decide that the receivables were worthless when they were contributed to SMP, a contribution of those worthless receivables (continued...)Page: Previous 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 Next
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