- 22 - value that petitioner has allocated a portion of the acquisition price. Respondent agrees with neither of petitioner's contentions. Instead, respondent argues that petitioner cannot allocate a portion of the acquisition price to the Superdome leasehold because the Revised Lease was not an asset obtained from the Mecom Group. Respondent also contends that the allocation lacks economic reality and was arbitrarily assigned for the purpose of achieving favorable tax consequences. Moreover, with respect to petitioner's alternative argument, respondent maintains that the 1975 Lease was without substantial value and fails to qualify as a premium lease. We find petitioner's alternative argument persuasive. Section 1012 sets forth the general rule that the basis of property shall be the cost of such property. Additionally, section 1060 sets forth special allocation rules for determining a transferee's basis in certain asset acquisitions. Section 1060 was added to the Internal Revenue Code in 1986, Tax Reform Act of 1986, Pub. L. 99-514, sec. 641(a), 100 Stat. 2085, 2282, and was made effective for any acquisition of assets after May 6, 1986. The parties have agreed to allocate the acquisition price in accordance with the "residual method," as described in sec. 1.1060-1T(d)(2), Temporary Income Tax Regs., 53 Fed. Reg. 27040 (July 18, 1988).Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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