- 21 - team and its assets, is entitled to allocate a portion of the acquisition price to its leasehold interest in the Superdome. The parties have stipulated that petitioner's leasehold interest is an intangible asset that is used in petitioner's business and in the production of income. They have also agreed that the leasehold has a limited useful life corresponding to the term established by the Revised Lease. Additionally, the parties have stipulated that if any portion of the acquisition price is allocable to the Superdome leasehold, the amount so allocable will be $16 million. Accordingly, we must decide whether petitioner is entitled to allocate any portion of the price it paid to acquire the Saints to its Superdome leasehold. Petitioner advances two arguments in its attempt to refute respondent's determination. Petitioner's principal argument is that the Revised Lease, because of what petitioner characterizes as "mutual conditionality" between the Sales Contract and the Revised Lease, was an asset among those acquired from the Mecom Group, and that a portion of the acquisition price is therefore allocable to the Superdome leasehold. Petitioner also argues that irrespective of whether the Revised Lease is construed as being an asset among those received from the Mecom Group, the 1975 Lease, which was the lease actually transferred to petitioner, had value immediately prior to the formation of the Revised Lease, and that it is to thatPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011