Sandy Lake Road Limited Partnership, J. Steve Anderson III, Tax Matters Partner - Page 12

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          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 are               




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