Santa Monica Pictures, LLC, Perry Lerner, Tax Matters Partner - Page 168

                                        -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...)           





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