- 29 - ownership that the partnership held, that the water rights could be neither bought nor sold separately by the partnership, and therefore that the partnership's $675,000 cost of purchasing the land in 1976 should be applied against the $1,088,132 the partnership received in 1993 on relinquishment of the water rights. Because the water rights were received and sold by the partnership separately from the land, respondent argues that no allocation should be allowed of the partnership's land costs to the funds the partnership received for the water rights. For Federal income tax purposes, the general rule provides that taxpayers recover tax free their cost or tax basis for property on which gain is to be computed. See sec. 1001(a). Section 1016(a)(1) provides in pertinent part that-- adjustment * * * [to basis shall be made] (1) for expenditures, receipts, losses, or other items, properly chargeable to capital account * * * Petitioners contend that under section 1016, where property that is sold does not have a separate, identifiable cost or tax basis and where the property sold is sufficiently integrated with or appurtenant to related property, the taxpayer’s total cost for the related property should be charged to the transaction and only after the taxpayer’s total cost for the related property is recovered should the taxpayer be required to recognize any taxable capital gain on the property sold.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011