Santa Monica Pictures, LLC, Perry Lerner, Tax Matters Partner - Page 210

                                        -281-                                         
          relevant facts.  Sec. 1.6662-4(d)(2), Income Tax Regs.  There is            
          substantial authority for a position if the weight of the                   
          authorities supporting the treatment is substantial in relation             
          to the weight of authorities supporting contrary treatment.  Sec.           
          1.6662-4(d)(3)(i), Income Tax Regs.  Because the substantial                
          authority standard is an objective standard, the taxpayer’s                 
          belief that there is substantial authority for the tax treatment            
          of an item is not relevant in determining whether there is                  
          substantial authority for that treatment.  Id.  Relevant                    
          authorities for this purpose are limited to materials such as               
          applicable provisions of the Code, regulations, revenue rulings             
          and revenue procedures, court cases, and legislative history.               
          Sec. 1.6662-4(d)(3)(iii), Income Tax Regs.197                               
               Petitioner has cited no substantial authority that might               
          provide a basis for reducing any understatement of income tax.              
          In the first place, the transaction between the Ackerman group              
          and CDR, Generale Bank, and CLIS, had no economic purpose.  The             
          transaction’s sole purpose was to transfer approximately $1.7               
          billion in built-in tax losses from the banks to Somerville S               
          Trust in exchange for a $10 million cash payment.  Although these           


               197 Conclusions reached in legal opinions or opinions                  
          rendered by tax professionals are not authority; however, the               
          authorities underlying such expressions of opinion where                    
          applicable to the facts of a particular case may give rise to               
          substantial authority.  Sec. 1.6662-4(d)(3)(iii), Income Tax                
          Regs.                                                                       





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