- 9 - 2. Basis in Law a. Permits Respondent points out that the Tax Court has not previously considered whether private parties can convey Pasco County permits. Respondent contends that this issue is one of first impression, which provides a basis in law for respondent's position. We disagree. Respondent's position that petitioners may transfer their permits has no basis in law because the Pasco County Code did not permit them to do so and there is no other authority that says that they may. Beaty v. United States, 937 F.2d 288, 292-293 (6th Cir. 1991) (none of Government's arguments had a chance of succeeding as a matter of law); see Coastal Petroleum Refiners, Inc. v. Commissioner, 94 T.C. 685, 688 (1990) (taxpayer must show that legal precedent does not substantially support respondent's position); DeVenney v. Commissioner, 85 T.C. 927, 930-931 (1985). Respondent has no basis in law for the position that private parties can convey Pasco County permits. Beaty v. United States, supra. b. Sand Respondent contends that Watson v. Commissioner, 345 U.S. 544 (1953), is substantial authority that petitioners transferred sand separately from the land. We disagree. In Watson, the taxpayer sold a crop of growing oranges and the real property on which the orange trees grew. The Supreme Court said that thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011