William T. and Nicole L. Gladden - Page 28




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          provided for, and that under the Distribution Agreement it was               
          not expressly provided that relinquishment of the water rights               
          occurred “in exchange” for the funds distributed.                            
               Respondent’s arguments are without merit.  The transaction              
          before us constitutes a sale or exchange by the partnership of               
          water rights for the $1,088,132 received by the partnership.3                
               We grant petitioners' motion for partial summary judgment on            
          this issue.                                                                  

          Allocation of Partnership’s Tax Basis in Land                                
          to $1,088,132 Partnership Received for Water Rights                          
               If the above issues are resolved in favor of petitioners, as            
          they are, petitioners and respondent cross-move for partial                  
          summary judgment on the issue as to whether any portion of the               
          partnership's $675,000 tax basis in its ownership interest in                
          Harquahala Valley land is allocable to the water rights and                  
          should be available to offset the $1,088,132 the partnership                 
          received in 1993 upon relinquishment of the water rights.                    
               Petitioners contend that under the 1983 Subcontract and                 
          under Arizona State law, the partnership’s water rights                      
          constituted part of the bundle of rights represented by land                 

          3    We note that neither party relies on court opinions                     
          involving so-called vanishing or disappearing assets.  See, e.g.,            
          Nahey v. Commissioner, 111 T.C. 256 (1998); Towers v.                        
          Commissioner, 24 T.C. 199 (1955), affd. 247 F.2d 233 (2d Cir.                
          1957); Hudson v. Commissioner, 20 T.C. 734 (1953), affd. per                 
          curiam sub nom. Ogilvie v. Commissioner, 216 F.2d 748 (6th Cir.              
          1954).  Because the water rights that HID and the partnership                
          relinquished to the Interior Department reverted to the Interior             
          Department, survived, and were reallocated to other users, those             
          opinions would appear inapplicable to the instant controversy.               


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