- 27 - Respondent relies upon (1) caselaw employing the so-called economic substance doctrine and (2) the subchapter K “anti-abuse” regulations (sections 1.701-2 and 1.731-2(h), Income Tax Regs.), in order to deny the application of the provisions of subchapter K and the regulations thereunder that are relied upon by participating partner, despite literal compliance therewith. Respondent’s argument that the post January 1, 2000, transactions lacked “economic substance” is premised on the fact that, because the interest rate on the CB&T loans to CLPP and MP was 230 basis points higher than the rate of interest earned on the AIG notes (the interest detriment), those transactions made “no economic sense”. Respondent also opposes the motion on the ground that there are material issues of fact regarding the true nature of the economic arrangement among the partners in Countryside and the circumstances surrounding the sale of the Manchester property to Stone Ends. He also alleges that there are material issues of fact regarding the marketability of the AIG notes, i.e., whether there existed an “arrangement” with AIG whereby the notes were “readily convertible” into cash, see sec. 731(c)(2)(B)(ii), and whether CLPP and MP should be disregarded for Federal income tax 14(...continued) $3.4 million MP borrowed from CB&T because, as she explained, that part of the transaction is “more abusive”. She stated: “Well, the 3.4 is worse than the 8.5 because the 3.4 is down in Manchester, [it is] associated with a note that is pledged to the bank * * *, the interest differential is * * * [against the partnership], and that’s basically all that is in that partnership.”Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 NextLast modified: March 27, 2008