- 12 - sale of the Property allocated to the partners on the Schedules K-1 exceeds the applicable amount in each case.) Also, we note that for purposes of the alternative minimum tax under section 56, section 56(b)(1)(A)(ii) disallows any taxes described in paragraph (1), (2), or (3) of section 164(a). (The record does not contain the income tax returns of the partners, so the applicability of the alternative minimum tax in individual cases is unknown.) Petitioner argues that the rollback taxes paid by the partnership should simply be treated as a reduction in the amount realized on the sale of the Property, since the rollback taxes were incurred and paid solely as a negotiated condition of the sale. Petitioner points out that the parties stipulated that the payment of the rollback taxes was a requirement of the sale imposed by the buyer, Pulte Home, and that without this requirement the rollback taxes would not have been incurred at the time of sale. Petitioner suggests that the rollback taxes which were paid should not be treated as a tax at all, but rather as a cost of sale which reduced the amount realized. Beyond this unamplified suggestion, petitioner bases his entire argument on the position that the rollback tax is not a tax on real property for purposes of section 164(a)(1). Respondent disagrees that the rollback taxes paid by SLR should be treated as a reduction in the amount realized on the sale. Instead, respondent argues that the rollback taxes arePage: 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