Norwest Corporation and Subsidiaries, Successor in Interest to United Banks of Colorado, Inc., and Subsidiaries, et al. - Page 45

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          determine whether petitioner has satisfied the requirements set             
          forth in those cases.                                                       
                    c.  Application of the Basic Purpose Test                         
               The requirement that the basic purpose of a taxpayer in                
          constructing a common improvement be to induce sales of benefited           
          properties serves the purpose of justifying total cost recovery             
          of the common improvement based on sales of the benefited                   
          properties.  Cf. Noell v. Commissioner, supra at 725 n.10                   
          (1976).7  Petitioner apparently acknowledges that a pivotal                 
          question is whether the basic purpose of the Bank in constructing           
          the Atrium was to induce sales of the Bank's adjoining                      
          properties.  That question is one of fact, which we shall answer            
          upon consideration of all the facts and circumstances.  See                 
          Willow Terrace Dev. Co. v. Commissioner, 40 T.C. 689, 701 (1963).           
               Petitioner asserts:  “The Bank constructed the Atrium for              
          the purpose of creating an office building complex with the                 
          expectation that the buildings within the complex would increase            
          in value.”  That purpose alone, however, without an intention to            


          7    Such total basis recovery is a decided advantage not                   
          generally enjoyed by a taxpayer who disposes of less than his               
          complete interest in property.  See, e.g., sec. 1.61-6(a), Income           
          Tax Regs. (“When a part of a larger property is sold, the cost or           
          other basis of the entire property shall be equitably apportioned           
          among the several parts, and the gain realized or loss sustained            
          on the part of the entire property sold is the difference between           
          the selling price and the cost or other basis allocated to such             
          part.”).  Consider that a lessor of income producing property               
          must take advance rentals into gross income in the year of                  
          receipt, sec. 1.61-8(b), Income Tax Regs., without any increased            
          depreciation deduction in that year.                                        




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