- 56 - Respondent notes that ANR and the partnership had a tax incentive to delay final disposition of the project assets and contends that ANR’s pursuit of the appeal and the partnership’s ratification of ANR’s actions were simply “window dressing”. Respondent seems to suggest that the foreclosure litigation lacked economic substance. We disagree. Viewed in its totality, the record convinces us that petitioner and the partnership had legitimate and substantial business reasons, apart from tax considerations, to appeal the foreclosure litigation as part of their sustained effort to restructure the debt and salvage their half-billion dollar investments in the project. Cf. N. Ind. Pub. Serv. Co. v. Commissioner, 115 F.3d 506, 512 (7th Cir. 1997) (business actions “are recognizable for tax purposes, despite any tax-avoidance motive, so long as the corporation engages in bona fide economically-based business transactions”), affg. 105 T.C. 341 (1995). In sum, we conclude and hold that the transfer of the project assets pursuant to the foreclosure sale was not finalized until November 2, 1987, when the Supreme Court denied the petition for writ of certiorari in the foreclosure litigation.30 29(...continued) a copy of the ratification resolutions, which Mr. Rackley’s letter stated “were duly adopted by the Management Committee of the Partnership on September 3, 1987”. 30 For similar reasons, we reject respondent’s claim, raised in cursory fashion on brief, that as of June 30, 1986, the (continued...)Page: Previous 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Next
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