-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.Page: Previous 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 Next
Last modified: May 25, 2011