- 35 - placed in service prior to 1989, as adjusted under former section 48(q) for the investment credits claimed and investment credits recaptured with respect to those assets. The reported accumulated depreciation equaled 48 percent of the depreciation claimed on the Atrium Structure and the Skyway to the date of the reported sale. No gain or loss was reported as realized on the sale of the underlying land because the reported amount realized ($135,000) equaled the cost basis of the land. On its Federal income tax returns for the taxable years 1989 through 1991, the UBC affiliated group took deductions for rental expenses on account of the Atrium Lease. d. UBC's Financial Statements In the notes to UBC's affiliated financial statements for 1988 and 1989, UBC made disclosures of the Atrium Sale Agreement and the Atrium Lease as a sale and leaseback. e. Petitioner's Responses to Information Document Requests Regarding the Atrium In a letter dated August 11, 1992, to the St. Paul office of the Internal Revenue Service (IRS) Appeals Division (Appeals Division), petitioner first claimed that the cost of the Atrium Assets should be allocated to the bases of adjoining properties. The Appeals Division referred petitioner's claim for cost allocation to the IRS Examination Division. On January 11, 1993, the IRS agent assigned to review petitioner's claim (the IRS agent) issued an information documentPage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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