- 47 - petitioner made allocations based on the methodology of the tribunal. Petitioner then determined what income tax consequence to assign to each of those allocations and reported those consequences accordingly. Respondent agrees with petitioner’s allocations and with all but one of the consequences determined by petitioner. Petitioner treated $55,147,935, the amount described by the tribunal as the “level of inflation” adjustment, as an amount realized on the sale or other disposition of the concession. Respondent does not agree with petitioner that the “level of inflation” adjustment is an amount realized on the sale or other disposition of the concession (which would give rise to a long-term capital gain in an equal amount). Respondent believes that the “level of inflation” adjustment (the disputed item) is ordinary income in the nature of interest. As the parties have framed the issue, we must determine whether the disputed item is as petitioner describes it or is as respondent describes it. B. Arguments of the Parties Petitioner’s argument is as follows: Petitioners contend that the unexplained 10% “inflation” factor [the disputed item] is taxable as capital gain under section 1231 because it represented disguised compensation for Kuwait’s premature termination of Aminoil’s Concession, for which there is no identifiable compensation on the face of the Award. Respondent’s argument is as follows:Page: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Next
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