Norwest Corporation and Subsidiaries, Successor in Interest to United Banks of Colorado, Inc., and Subsidiaries, et al. - Page 36

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          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 decide           




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