- 28 - 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.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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