- 13 - On June 5, 1995, the U.S. General Accounting Office issued a report to a congressional committee regarding relinquishment by HID to the Interior Department of its Harquahala Valley water rights. Therein, that transaction is described as a “sale of a water entitlement” by the Harquahala Valley landowners. Discussion Capital Asset Treatment of Water Rights As explained, petitioners contend, as a matter of law and partial summary judgment, that the water rights of the partnership constitute capital assets and that relinquishment thereof by the partnership constituted a sale or exchange. Respondent contends, also as a matter of law and partial summary judgment, that relinquishment by the partnership of water rights did not constitute a sale or exchange of a capital asset and therefore that the $1,088,132 the partnership received in 1993 should be treated as ordinary income. In order for contract rights to qualify as capital assets under section 1221, the contract rights must constitute “property” of the taxpayer and not constitute any of the five types of property excluded from capital gain treatment under section 1221(1) through (5) (namely, (1) inventory; (2) depreciable personal property or real property used in a trade or business; (3) certain intangible property; (4) accountsPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011