William T. and Nicole L. Gladden - Page 31




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               Petitioners and respondent rely on various cases, Arizona               
          law, and other authority.  In Inaja Land Co. v. Commissioner,                
          9 T.C. 727, 736 (1947), because it was impossible to allocate                
          with reasonable accuracy a separate cost to easements the                    
          taxpayer sold, the Court allocated the taxpayer's cost of                    
          underlying land to funds received on sale of the easements.  The             
          taxpayer in Inaja, however, in 1928 had purchased the land not               
          just with an expectation but with a legal right not to have the              
          land flooded from unexpected upstream water sources.  In                     
          subsequent years, in connection with construction of a tunnel,               
          the taxpayer’s land located downstream from the tunnel was                   
          flooded, and the responsible government agency paid the taxpayer             
          a lump sum for the easement to flood the taxpayer's land.                    
               In Trunk v. Commissioner, 32 T.C. 1127, 1139 (1959),                    
          payments received for relinquishment of a right to a possible                
          condemnation award were treated as received in exchange for a                
          capital asset.  We also held that because it was impossible or               
          impracticable to ascertain the taxpayer's specific cost basis for            
          the right that was relinquished, which was derived from the                  
          taxpayer's right of ownership in the entire property, the                    
          payments received were to be offset by the taxpayer's cost basis             
          in the entire property.  In the instant case, however, the                   
          partnership's ownership of the land was not acquired with any                
          vested right to Colorado River water.  Trunk is distinguishable.             





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