William T. and Nicole L. Gladden - Page 29




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          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.                                   



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