Sandy Lake Road Limited Partnership, J. Steve Anderson III, Tax Matters Partner - Page 1

                                 T.C. Memo. 1997-295                                  


                               UNITED STATES TAX COURT                                



           SANDY LAKE ROAD LIMITED PARTNERSHIP, J. STEVE ANDERSON III, TAX            
                           MATTERS PARTNER, Petitioner v.                             
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      


               Docket No. 9441-95.                     Filed June 30, 1997.           


                    R determined adjustments to certain of SLR's                      
               partnership items for 1990.  On its 1990 Return of                     
               Partnership Income, SLR categorized as "other                          
               deductions" Texas "rollback" taxes incurred at the time                
               of disposition of unimproved real property, as well as                 
               related attorney's fees.  R reclassified these items as                
               deductions related to portfolio income.  See sec.                      
               469(e)(1)(A)(i)(II), I.R.C.  P now asserts that these                  
               items may be used to reduce the amount realized on the                 
               disposition of the property, on the ground that the                    
               rollback tax is not a real property tax within the                     
               meaning of sec. 164(a)(1), I.R.C.  In the alternative,                 
               P disputes R's treatment of the disputed items as                      
               deductions related to portfolio income.                                
                    1.  Held:  The rollback tax is a specifically                     
               enumerated real property tax within the meaning of sec.                





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