P.D.B. Sports, Ltd., Bowlen Sports, Inc., Tax Matters Partner - Page 38

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          fair market value so that the $45,695,000 value would not have              
          triggered section 732(d).18   Respondent argues that the                    
          partnership's basis would have been $21,288,373 and that prior              
          year's claimed amortization had already exceed that amount prior            
          to the years under consideration.  Accordingly, under                       
          respondent's argument, the partnership would not be entitled to             
          any further amortization.                                                   
               The partnership, in accord with its accountant's analysis,             
          used the $36,121,385 fair market value for purpose of determining           
          whether the mandatory basis adjustment rules of section 732(d)              
          apply.  Respondent did not present expert testimony regarding the           
          value of the player contracts and relies on the simple expediency           
          of averaging the four estimates used by the partnership in an               
          attempt to reach a fair market value.  The estimates were not               
          offered to establish the fair market value of the player                    
          contracts.  Instead they are a predicate for discussion of the              
          section 1056 issue and whether it applies to a partnership                  
          transaction.                                                                



               18 Respondent's argument that sec. 732(d) would not apply is           
          based on a $45,695,000 value for the player contracts, which in             
          turn, would, according to respondent, result in a larger basis              
          being allocated to depreciable and amortizable assets under sec.            
          732(d) than if a sec. 743(b) basis adjustment was not in effect.            
          The parties did not debate whether each other's analysis was                
          correct.  In essence they agreed, that if we find the value they            
          propose to be correct, then the result they propose ensues.  We             
          accept these concessions for purposes of this case.                         




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