P.D.B. Sports, Ltd., Bowlen Sports, Inc., Tax Matters Partner - Page 9

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               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 any              




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