- 26 - Amounts received by Aminoil under paragraph 178(3): Oil Inventory $10,885,500 Other Assets 19,080,500 Fixed Assets 176,075,000 Subtotal 206,041,000 Less Aminoil’s liabilities to Kuwait: Per concession agreement 32,228,500 Per Abu Dhabi Formula 71,963,000 Due third parties 18,849,500 Subtotal 123,041,000 Total 83,000,000 Plus Amounts received by Am- inoil under paragraph 178(5): 7.5% component 41,602,829 10.0% component 55,147,935 Subtotal 96,750,764 Payment received from Kuwait 179,750,764 Petitioner reported the $55,147,935 identified as the “10% Component” (and by the Tribunal as the “level of inflation” adjustment) as an amount realized on a sale or other disposition of the concession. Since petitioner believed that Aminoil’s adjusted basis in the concession was zero, petitioner reported a gain of $55,147,935. Petitioner reported that gain as a long- term capital gain under the authority of section 1231. Respondent determined a deficiency in petitioner’s consolidated income tax liability for 1982 based, in part, on an adjustment treating the “level of inflation” adjustment not as an amount realized on the sale or disposition of property but, rather, as ordinary income.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011