- 11 - partnership's player contracts is limited to the presale basis in the contracts. Respondent argues that section 1056 would limit the amortizable basis of the partnership's player contracts in this case. Respondent, however, does not discuss or explain how or if the section 1056 limitation would otherwise affect partnership provisions, including sections 732(d), 743(b) and/or 754 which may have been considered or have been in play in the transaction under consideration. Respondent does not explain whether section 1056 would preempt the application of other basis requirements and/or elections under subchapter K or whether it would be integrated in some manner. These unanswered questions are problematic and complicate our proper analysis of respondent's determination. Additionally, no regulations have been issued under section 1056, although, in the 1976 legislation, respondent was statutorily mandated to issue regulations. In the alternative, if we decide that the partnership provisions of subchapter K apply to the exclusion of section 1056, respondent argues that the partnership incorrectly computed its basis in the player contracts, and, as a result, no player contract bases remain to be amortized. II. Section 1056--Does It Apply to Partnership Transactions? Section 1056 applies to a "sale or exchange" of a sports franchise. In this case, the sports franchise was held in partnership form so that any sale or exchange of a sportsPage: 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