Santa Monica Pictures, LLC, Perry Lerner, Tax Matters Partner - Page 195

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          substantial or gross valuation misstatement on a return is made             
          on a property-by-property basis.  Sec. 1.6662-5(f)(1), Income Tax           
          Regs.  There is no disclosure exception to this penalty.  Sec.              
          1.6662-5(a), Income Tax Regs.189                                            
               On its 1997 partnership tax return, SMP reported a $150                
          million basis in the $150 million receivable that it purportedly            
          sold to TroMetro.  As a result of this basis reporting, SMP                 
          claimed a $147,486,000 loss ($2,514,000 sale price minus $150               
          million adjusted basis).  SMP reported a $63,489,061 basis in the           
          79.2-percent Corona membership interest that it sold to Imperial.           
          As a result of this basis reporting, SMP claimed a $62,237,061              
          loss ($1,252,000 sale price minus $63,489,061 adjusted basis).              
          SMP reported a $11,864,117 basis in the additional 14.65-percent            
          Corona membership interest that it sold to Imperial.  As a result           
          of this basis reporting, SMP claimed an $11,647,367 loss                    
          ($216,750 sale price minus $11,864,117 adjusted basis).                     
               We have concluded on alternative grounds that SMP obtained a           
          zero basis in the $974 million in receivables from Generale Bank            
          and the $79 million receivable from CLIS.  Because the $79                  

               189  The substantial or gross valuation misstatement penalty           
          applies only if the portion of the underpayment for the taxable             
          year attributable to substantial valuation misstatements exceeds            
          $5,000 ($10,000 in the case of a corporation other than an S                
          corporation or a personal holding company).  Sec. 6662(e)(2).  In           
          the case of a partnership, this dollar limitation is applied at             
          the partner level.  Sec. 1.6662-5(h)(1), Income Tax Regs.                   
          Consequently, we do not decide whether the dollar limitation                
          applies in these partnership-level proceedings.                             





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