PK Ventures, Inc. and Subsidiaries, et al. - Page 70

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          decisions regarding the terms and structure of the cash transfers           
          involving PK Ventures and its subsidiaries, PKVI LP, Zephyr, and            
          the Zephyr purchasers.  Consequently, any argument as to Rose’s             
          reliance on the advice of tax professionals for the treatment of            
          these cash transfers as debt rather than equity contributions or            
          distributions is unconvincing.                                              
               Based upon our analysis of the relevant facts and                      
          circumstances of these cases, we conclude that respondent’s                 
          imposition of accuracy-related penalties against the Roses must             
          be sustained if the recalculation of the Roses’ income tax                  
          liabilities for 1990 through 1993 gives rise to substantial                 
          understatements of income tax for those years.                              
               We have considered the arguments of the parties that were              
          not specifically addressed in this opinion.  Those arguments are            
          either without merit or irrelevant to our decision.                         
               To reflect the foregoing and the concessions of the parties,           

                                                  Decisions will be entered           
                                             under Rule 155.                          















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