70 Acre Recognition Equipment Partnership, Booth Creek Investment, Inc., Tax Matters Partner - Page 10

                                       - 10 -                                         
               In short, respondent fails to consider the highly unusual              
          facts and circumstances of this case.  Neither party was required           
          to contribute cash for the purchase of the 70-Acre Tract.  The              
          gain from resale of part of the 70-Acre Tract was realized on the           
          same day it was purchased.  Documents were executed in the name             
          of only one partner for the sake of administrative convenience.             
          State Savings was purposefully recognized as a partner by BCI in            
          consideration of the performance of a valuable service (i.e.,               
          making credit available for the transaction).                               
               Accordingly, we hold that BCI and State Savings formed a               
          partnership valid for tax purposes.  As a result, the partnership           
          properly allocated 50 percent of the gain realized from the sale            
          of the 25-Acre Tract to State Savings.                                      
               We have considered all other arguments made by petitioner              
          and respondent and found them to be either irrelevant or without            
          merit.                                                                      
               To reflect the foregoing,                                              

                                                  Decision will be entered            
                                             for petitioner.                          













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