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Enron Mail |
Dan: could you please confirm that state PUCs will accept partnership tax
forms from an LLC? Jeff Dasovich: could you please forward this to Steve Bowen, as I don't have his e-mail address. I also would like to know if you and Steve think that the California commission would give us a hard time if we were to try to transfer our ETI, Inc. license to ETS, LLC or to re-apply as ETS, LLC. Thanks. Richard Anderson@ENRON COMMUNICATIONS 12/23/2000 02:13 AM To: Sue Nord/NA/Enron@ENRON cc: David DeGabriele/Enron Communications@Enron Communications, James Ginty/Enron Communications@Enron Communications, Robin Hill/Enron Communications@Enron Communications Subject: Re: Set Up LLC for CLEC Activity Sue, Jim wants to think about this some more. He's concerned about retaining both Enron Telecommunications, Inc. ("ETI") and Enron Telecommunications Services, LLC ("ETS, LLC"). As I recall, we decided to retain ETI because every state regulatory authority may not accept a LLC , therefore, retaining ETI, our existing "C" corporation entity, for those jurisdictions gives us more flexibility. We also need to confirm that, if a state regulatory authority does accept a LLC, then they will also accept a partnership tax return, (Form 1065), from that LLC, rather than requiring the LLC's members (the owners) to forward copies of their corporate tax returns (Forms 1120). Could you please confirm this with your outside counsel? As I think about it, if the state regulatory authorities will accept a LLC's partnership tax returns (Forms 1065), then a better structure would be for ETS, LLC to be 99.9% owned by EBS, Inc., (17H) and 0.1% owned by ETI (77P). I'll keep you informed. Please let me know what you learn from your outside counsel. Thanks, Richard D. Anderson Director of Taxes Enron Broadband Services, Inc. 713-345-7729 (Houston office 1/8 through 1/10, no voice mail) 503-886-0335 (Portland office and voice mail) 503-880-5249 (cellular) 503-425-6005 (fax) richard_anderson@enron.net Sue Nord@ENRON 12/22/00 07:54 AM To: Richard Anderson/Enron Communications@ENRON COMMUNICATIONS cc: Subject: Re: Set Up LLC for CLEC Activity What's up? Richard Anderson@ENRON COMMUNICATIONS 12/20/2000 10:00 PM To: Robin Hill/Enron Communications@Enron Communications cc: James Ginty/Enron Communications@Enron Communications, Sue Nord/NA/Enron@Enron, David DeGabriele/Enron Communications@Enron Communications Subject: Re: Set Up LLC for CLEC Activity Robin, Please hold off on setting up these new entities until after the first of the year. Thanks, Richard D. Anderson Director of Taxes Enron Broadband Services, Inc. 713-345-7729 (Houston office 1/8 through 1/10, no voice mail) 503-886-0335 (Portland office and voice mail) 503-880-5249 (cellular) 503-425-6005 (fax) richard_anderson@enron.net ----- Forwarded by Richard Anderson/Enron Communications on 12/20/00 07:59 PM ----- James Ginty 12/20/00 07:33 PM To: Richard Anderson/Enron Communications@Enron Communications cc: Subject: Re: Set Up LLC for CLEC Activity Lets discuss Richard Anderson 12/20/00 07:27 PM To: Sue Nord/NA/Enron@Enron, Robin Hill/Enron Communications@Enron Communications cc: James Ginty/Enron Communications@Enron Communications, David DeGabriele/Enron Communications@Enron Communications, Essie Locklear/Enron Communications@Enron Communications, Bernadine Nguyen/Enron Communications@Enron Communications Subject: Set Up LLC for CLEC Activity Sue, As we discussed yesterday and today, there are tax advantages and cash flow advantages to doing business as a LLC rather than as a "C" corporation. There do not appear to be any regulatory barriers in most states that prevent a LLC from doing business as a CLEC. There also may be requirements in certain states to file copies of tax returns with the state regulators; thus, it is preferable that we use a double member LLC rather than a single member LLC so we can provide copies of the LLC's tax returns, rather than the EBS, Inc., tax returns to regulators. Robin, To make this happen we need some new entities: 1. "Enron Telecommunications Holdings, Inc.", a Nevada corporation wholly owned by Enron Broadband Services, Inc. 2. "Enron Telecommunications Services, LLC," a Delaware LLC, owned 99% by Enron Telecommunications, Inc. and 1% by Enron Telecommunications Holdings, Inc. . Also, we noted that Company 77V, EBS Global Cable and Satellite, Inc., has always been inactive, but is qualified in a number of states. Please withdraw this entity from all states except its state of incorporation. We can use it for the next deal that requires a separate subsidiary. Thanks, Richard D. Anderson Director of Taxes Enron Broadband Services, Inc. 713-345-7729 (Houston office 1/8 through 1/10, no voice mail) 503-886-0335 (Portland office and voice mail) 503-880-5249 (cellular) 503-425-6005 (fax) richard_anderson@enron.net
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