William T. and Nicole L. Gladden - Page 25




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          involved herein do not constitute capital assets of the                      
          partnership.  To the contrary, as we read the above authority, we            
          believe they support the conclusion that the water rights                    
          allocated to the partnership for use in its farming activity,                
          constitute contractual rights that are to be regarded as integral            
          to the partnership's farming activity (whether technically                   
          appurtenant to the land or not) and as capital assets of the                 
          partnership.                                                                 
               Respondent acknowledges that the water rights of HID                    
          constitute capital assets.  For purposes of analyzing the capital            
          asset character of the water rights, we perceive little                      
          difference between HID's rights in Colorado River water and the              
          allocations the partnership received through the HID in Colorado             
          River water.  We note, in particular, Ariz. Rev. Stat. Ann. sec.             
          48-2990, under which water districts must distribute all water               
          available for distribution "to the lands thereof pro rata”, and              
          Ariz. Rev. Stat. Ann. sec. 48-2902 (West 1997), under which water            
          districts are not allowed to divert allocated water from                     
          landowners having a prior right to such water to other purposes              
          without first compensating the landowners.                                   
               Lastly, we note that respondent's rulings often treat as                
          capital assets allocations or rights that taxpayers receive from             
          governmental agencies.  See Rev. Rul. 66-58, 1966-1 C.B. 186                 
          (cotton acreage allotments treated as capital assets); Rev. Rul.             
          70-644, 1970-2 C.B. 167 (milk allocation rights treated as                   
          capital assets); see also Madera Irrigation Dist. v. Hancock, 985            


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