William T. and Nicole L. Gladden - Page 32




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               The parties refer to Rev. Rul. 66-58, 1966-1 C.B. at 187, in            
          which the tax treatment of the sale of cotton acreage allotments             
          was addressed.  In the ruling, it is stated that--                           

               Where a taxpayer has acquired * * * [a cotton]                          
               allotment along with the land to which it relates, as a                 
               unit, the cost or other basis of the entire unit should                 
               be allocated between the land and the allotment in                      
               accordance with the relative fair market values of such                 
               properties on the date of acquisition. * * *                            

          The ruling, however, also explains--                                         

               Of course, no portion of the basis of land, acquired                    
               prior to the issuance of the cotton allotment, can be                   
               allocated to such allotment.                                            

               Our discussion of the partnership's water rights in the                 
          context of the above capital asset issue (namely, among other                
          things, that water rights the partnership received in 1983                   
          related to and were dependent upon the land the partnership                  
          acquired in 1976) is not inconsistent with our analysis and                  
          holding on the instant issue that the water rights were                      
          sufficiently distinct and separate from the partnership's                    
          ownership interest in the land to preclude any allocation of the             
          partnership's cost or tax basis in the land to the partnership's             
          water rights.                                                                
               The partnership's water rights were related to and dependent            
          upon the partnership's land ownership, and the partnership's                 
          water rights constituted capital assets of the partnership.  At              
          the same time, however, as discussed, the partnership's water                



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