- 9 - In particular, it was thought that purchasers of sports franchises were over allocating basis to player contracts and inflating amortization. Congress, by enacting section 1056, sought to employ an approach that would require the seller and buyer to use the same arm's-length or fair market value amount to report income or claim deductions resulting from a sports franchise transaction. Section 1056(a) provides: (a) General Rule.--If a franchise to conduct any sports enterprise is sold or exchanged, and if, in connection with such sale or exchange, there is a transfer of a contract for the services of an athlete, the basis of such contract in the hands of the transferee shall not exceed the sum of-- (1) the adjusted basis of such contract in the hands of the transferor immediately before the transfer, plus (2) the gain (if any) recognized by the transferor on the transfer of such contract. In addition to equating the buyer's basis with the seller's reporting position, the basis of acquired player contracts may also be affected by the section 1056(d) rebuttable presumption that no more than 50 percent of the purchase price of a sports team is to be allocated to player contracts. To rebut the presumption a taxpayer must "[establish] to the * * * [Commissioner's satisfaction] that a specified amount in excess of 50 percent is properly allocable". Sec. 1056(d). The question considered here is whether the purchase of an interest in a partnership entity that holds and operates a sports franchise is a sale or exchange of "a franchise to conduct anyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011