- 38 - fair market value so that the $45,695,000 value would not have triggered section 732(d).18 Respondent argues that the partnership's basis would have been $21,288,373 and that prior year's claimed amortization had already exceed that amount prior to the years under consideration. Accordingly, under respondent's argument, the partnership would not be entitled to any further amortization. The partnership, in accord with its accountant's analysis, used the $36,121,385 fair market value for purpose of determining whether the mandatory basis adjustment rules of section 732(d) apply. Respondent did not present expert testimony regarding the value of the player contracts and relies on the simple expediency of averaging the four estimates used by the partnership in an attempt to reach a fair market value. The estimates were not offered to establish the fair market value of the player contracts. Instead they are a predicate for discussion of the section 1056 issue and whether it applies to a partnership transaction. 18 Respondent's argument that sec. 732(d) would not apply is based on a $45,695,000 value for the player contracts, which in turn, would, according to respondent, result in a larger basis being allocated to depreciable and amortizable assets under sec. 732(d) than if a sec. 743(b) basis adjustment was not in effect. The parties did not debate whether each other's analysis was correct. In essence they agreed, that if we find the value they propose to be correct, then the result they propose ensues. We accept these concessions for purposes of this case.Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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