Countryside Limited Partnership, CLP Holdings, Inc., Tax Matters Partner - Page 63




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          the recipients, Mr. Winn and Mr. Curtis, pursuant to sections               
          731(a)(1) and 752.  Therefore, we shall grant the motion.31                 

                                             An order granting participating          
                                        partner’s motion for partial summary          
                                        judgment will be issued.                      



















               31  If all of respondent’s arguments in this case, docket              
          No. 22023-05, and the Court of Federal Claims actions instituted            
          by CLPP and MP were to be sustained, the overall effect would be            
          to tax the gain realized on the sale of the Manchester property             
          three times: First, in 2000, to Mr. Winn and Mr. Curtis on the              
          liquidating distribution, a second time, in 2001, to Countryside            
          on the sale of the Manchester property, and a third time, in                
          2003, on AIG’s redemption of the AIG notes from MP.  We suspect             
          that respondent’s position in these actions is intended to                  
          completely offset what respondent considers to be participating             
          partner’s and petitioner’s goal of deferring indefinitely any tax           
          on that gain and to avoid any possibility of being whipsawed.  In           
          addressing the motion, we decide only that the gain is not                  
          recognized to Mr. Winn and Mr. Curtis in 2000 upon their receipt            
          of a 99-percent limited partnership interest in CLPP or,                    
          alternatively, upon their deemed receipt of the AIG notes.                  





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