- 36 - request (IDR) to petitioner. Question four of that IDR states: “Who is the owner of the Atrium now? History of the Atrium ownership from 1985 till 1992?” In response to that question, petitioner stated, in part: On December 30, 1988, Lincoln Building Corporation sold an undivided 48% interest in the Atrium to ARICO America Real Estate Investment Company (ARICO). ARICO contributed its undivided 48% interest in the Atrium to Broadway Atrium Limited (Broadway). Broadway subsequently contributed the 48% undivided interest in the Atrium to Lincoln Atrium Limited. Lincoln Building Corporation contributed an additional .48% undivided interest in the Atrium to Lincoln Atrium Limited as its general partner. Consequently, ownership of the Atrium after the sale on December 30, 1988 was as follows: 51.52% - Lincoln Building Corporation 48.48% - Lincoln Atrium Limited, whose ownership is: 99% - Broadway Atrium Limited 1% - Lincoln Building Corporation The ownership of the Atrium did not change during the period between December 30, 1988 and December 31, 1992. On April 22, 1993, the IRS agent issued another IDR to petitioner requesting documentation pertaining to the sale of an interest in the Atrium referred to in petitioner's response to the first IDR. Petitioner's response to the second IDR referred to the transaction as a “sale of the 48% interest in the Atrium”. B. The Atrium Assets: Allocation of the Costs 1. Issue The issue is whether petitioner may allocate the cost of the Atrium Assets to the bases of other properties that were held by the Bank. If we decide that issue for petitioner, we must decidePage: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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