New Orleans Louisiana Saints, Limited Partnership, Benson Football, Inc. Tax Matters Partner - Page 24

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          amortization over the remaining life of the lease."  Steinway &             
          Sons v. Commissioner, 46 T.C. 375, 381 (1966); sec. 1.162-11(a),            
          Income Tax Regs.  It is clear, however, that the taxpayer must              
          have incurred some cost, by an outlay of consideration, as a                
          necessary prerequisite to the allowance of the deductions.  A               
          leasehold is an intangible asset that is gradually exhausted by             
          the passage of time.  Its cost is recoverable ratably by way of             
          amortization deductions over the period of exhaustion in the same           
          manner that costs of tangible assets are recoverable by way of              
          depreciation deductions.  Of course, the amortization deductions            
          are in addition to those for rent required to be paid under the             
          lease.  See Washington Package Store, Inc. v. Commissioner, T.C.            
          Memo. 1964-294.                                                             
               We turn now to petitioner's principal argument that a                  
          portion of the acquisition price is allocable to the Superdome              
          leasehold due to what petitioner refers to as "mutual                       
          conditionality" between section 5.02 of the Sales Contract and              
          section K of the Revised Lease.  Petitioner argues that the                 
          "operative instruments [the Sales Contract and the Revised Lease]           
          wove the enhanced stadium lease into the fabric of the sale."               
          And, as such, petitioner further argues that it "was not liable             
          for the purchase price unless it received the Revised Lease, and            
          was entitled to the Revised Lease only if it paid the purchase              
          price."  Accordingly, petitioner's argument concludes, the                  
          conditions set forth in section 5.02 of the Sales Contract and              




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