RJR Nabisco Inc. (Formerly R.J. Reynolds Industries, Inc.) and Consolidated Subsidiaries - Page 26

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          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.                                                 










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