New Orleans Louisiana Saints, Limited Partnership, Benson Football, Inc. Tax Matters Partner - Page 32

                                       - 32 -                                         
               The final factor considers the arm's-length nature of the              
          negotiations between the Mecom group and the State with respect             
          to the Second Lease Amendment.  Again, respondent attempts to               
          obscure matters by arguing that this factor favors his argument             
          because the negotiations giving rise to the Second Lease                    
          Amendment stem from a breach of contract dispute rather than a              
          genuine concern on behalf of the State.  We are unpersuaded by              
          respondent's argument and find that the negotiations giving rise            
          to the Second Lease Amendment were conducted at arm's-length.               
          Conclusion                                                                  
               Having analyzed the record in the instant case, and after              
          examining the facts in extensive detail, we are of the opinion              
          that the fair rental value of the Superdome exceeded the value of           
          rent established by the 1975 Lease, as amended by the Second                
          Lease Amendment.  See KFOX, Inc. v. United States, 510 F.2d at              
          1373-1374; A.H. Woods Theater Co. v. Commissioner, 12 B.T.A. 827            
          (1928).  We note that while petitioner has failed to establish              
          the precise amount by which the fair rental value of the                    
          Superdome exceeded the value of the rent required by the amended            
          lease, we are convinced that petitioner has sufficiently                    
          established that the former does in fact exceed the latter.  This           
          is significant because the parties have stipulated that if any              
          portion of the purchase price is allocable to the Superdome                 








Page:  Previous  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  Next

Last modified: May 25, 2011