- 33 - participating financially in the project’s operation.18 As discussed in greater detail infra, on April 7, 1986, a Federal District Court directed the mortgage on the partnership’s $1.5 billion debt to be foreclosed; the court scheduled the foreclosure sale for May 18, 1986 (subsequently extended to June 30, 1986). Partners Request Letter Ruling On May 22, 1986, ANR and Transco filed with the IRS a request for a ruling that the partnership’s default on the indebtedness and related events had not resulted in recapture of investment or energy credits or given rise to gain recognition. The partners viewed such a ruling as fundamental to pending proposals to use prior tax benefits to fund additional capital infusions into the project. The partners did not want to be in the whipsaw position of having both to recapture the tax benefits and to use them to fund the project. ANR and Transco requested the IRS to expedite consideration of the ruling request to enable them to submit their restructuring proposal to DOE and prevent the impending foreclosure sale of the project. (As discussed in greater detail infra, in September 1986 the IRS ruled that the events as of May 22, 1986, had not resulted in recapture of investment or energy credits or given rise to gain recognition.) 18 On Apr. 4, 1986, ANRC filed a statement of interest, which was one of nine received by DOE.Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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