- 30 - argue that there exists an issue as to the existence of a predominant tax avoidance motive. In support of that argument, respondent notes that, in two complaints filed in the Court of Federal Claims on behalf of CLPP and MP, respectively, it is alleged that both CLPP and MP and the transactions in which they engaged “had economic substance and business purpose and did not have a principal purpose to reduce substantially the present value of * * * [Countryside’s] partners’ aggregate tax liabilities in a manner inconsistent with the intent of subchapter K.”17 We also note that, in a case in this Court involving Countryside’s 2001 taxable year, Countryside Ltd. Pship. v. Commissioner, docket No. 22023-05 (docket No. 22023-05), respondent denies Countryside’s $11,450,498 basis step-up for the Manchester property, pursuant to section 734(b)(1)(B), which results in his increasing Countryside’s gain on its 2001 sale of that property by like amount. Respondent’s position in docket No. 22023-05 is premised, in part, upon his disregard, for Federal income tax purposes, of CLPP, which had made a section 754 election, and the failure of MP to make such an election. See sec. 734(b) (last sentence). In defending the basis step-up and resulting smaller gain on the sale of the Manchester property, petitioner in docket No. 22023-05 alleges that the FPAA “arbitrarily and erroneously determines that the 17 Both of those complaints involve challenges to respondent’s adjustments to (1) the bases of the members in CLPP for their membership interests therein and (2) MP’s bases for its assets.Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 NextLast modified: March 27, 2008