Santa Monica Pictures, LLC, Perry Lerner, Tax Matters Partner - Page 196

                                        -269-                                         
          million receivable had a zero basis in SMP’s hands, SMP received            
          no carryover basis under section 722 in its Corona membership               
          interest on the contribution of that receivable to Corona.                  
          Corona received no carryover basis under section 723 in the                 
          contributed $79 million receivable.  Consequently, SMP’s and                
          Corona’s basis reporting for the receivables was infinitely more            
          than 400 percent of the amount that we determined to be the                 
          correct basis in the receivables.190  See sec. 1.6662-5(g), Income          
          Tax Regs. (“The value or adjusted basis claimed on a return of              
          any property with a correct value or adjusted basis of zero is              
          considered to be 400 percent or more of the correct amount.                 
          There is a gross valuation misstatement with respect to such                
          property, therefore, and the applicable penalty rate is 40                  
          percent.”); see also Rybak v. Commissioner, 91 T.C. 524, 566-567            
          (1988).                                                                     


               190 As an alternative holding, we have concluded that the              
          step transaction doctrine applies to recast Generale Bank’s and             
          CLIS’s contributions of the receivables and Somerville S Trust’s            
          purchases of Generale Bank’s and CLIS’s preferred interests in              
          SMP as direct sales of the SMHC receivables and stock from                  
          Generale Bank and CLIS to Somerville S Trust followed by                    
          Somerville S Trust’s contributions of those items for preferred             
          interests in SMP.  Pursuant to this holding, Somerville S Trust             
          seemingly would receive a $10 million cost basis in the SMHC                
          receivables and stock which would carry over to SMP.  The parties           
          have not addressed this issue, but presumably this $10 million              
          cost basis would be divided among the SMHC receivables and stock            
          on a proportional basis.  The basis amounts that SMP reported on            
          its 1997 and 1998 partnership tax returns and Corona reported on            
          its 1997 partnership tax return would still exceed by far more              
          than 400 percent any $10 million cost basis in the receivables.             





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