New Orleans Louisiana Saints, Limited Partnership, Benson Football, Inc. Tax Matters Partner - Page 26

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          from the State of Louisiana.  Merely calling a new lease an                 
          amendment to an existing lease is not dispositive.                          
               We turn now to petitioner's alternative argument.                      
          Petitioner argues that irrespective of whether the Revised Lease            
          is construed as being an asset among those purchased from the               
          Mecom Group, the 1975 Lease, which was the lease petitioner                 
          actually received from the Mecom Group, had substantial value               
          separate and apart from the Revised Lease, and that it is to that           
          value that petitioner has allocated a portion of the price it               
          paid to acquire the Saints.                                                 
               Respondent, on the contrary, maintains that the 1975 Lease             
          was without substantial value and fails to qualify as a premium             
          lease.  Whether a lease qualifies as a premium lease requires an            
          examination of the entire record.  Thomas v. Commissioner, 31               
          T.C. 1009, 1012 (1959).  Factors which are usually considered in            
          determining the value of leasehold interests are:  (1) The rental           
          charged under the lease compared to the fair market value rental            
          for the property, see KFOX, Inc. v. United States, 206 Ct. Cl.              
          143, 510 F.2d 1365 (1975); (2) the location of the property, see            
          Harris Amusement Co. v. Commissioner, 15 B.T.A. 190 (1929); (3)             
          the duration of the lease and any termination provision, see                
          Bryden v. Commissioner, T.C. Memo. 1959-184; (4) the date of the            
          most recent negotiations concerning the provisions of the lease,            
          see May v. Commissioner, a Memorandum Opinion of this Court dated           
          July 22, 1944; and (5) the arm's-length nature of the                       




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