Tampa Bay Devil Rays, Ltd., Naimoli Baseball Enterprises, Inc., Tax Matters Partner - Page 9




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          on advance season tickets and on private suite reservations                 
          relating to the 1998 major league baseball season.2                         
               With regard to the private suite reservations, if the                  
          partnership was admitted to membership in major league baseball             
          and if the Devil Rays did play major league baseball during the             
          1998 season, but if five or fewer of the Devil Rays’ games were             
          canceled, due, for example, to weather, the partnership would be            
          required to provide the holders of private suite reservations               
          with tickets to makeup games.                                               
               If six or more of the Devil Rays’ games were canceled during           
          the 1998 season, the partnership would be required to provide               
          holders of private suite reservations with appropriate credits              
          toward the purchase of private suite reservations for the                   
          following season.                                                           
               During 1995, the partnership adopted and followed a policy             
          of allowing refunds to customers, upon their request, of deposits           
          made for advance season tickets and for private suite                       
          reservations relating to expected games of the Devil Rays to be             
          played in the 1998 major league baseball season.  During 1995,              

          2    The conditional nature of the partnership’s right to retain            
          the deposits for advance season tickets and private suite                   
          reservations was implicitly acknowledged by respondent in his               
          proposed findings of fact by stating conversely as follows:                 
               [The partnership] was assured that, so long as it                      
               fulfilled its contractual obligation to play baseball                  
               games in 1998 [the partnership] could keep the                         
               payments.                                                              





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