William T. and Nicole L. Gladden - Page 33




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          rights were received in 1983, years after the land was acquired              
          in 1976, and in a separate transaction.  The partnership then, in            
          1992, sold the water rights separately from the land and retained            
          the same land it had acquired in 1976.                                       

          Impossibility of Allocation of Portion of Tax Basis in Land                  
               If the above issues are resolved in favor of petitioners,               
          petitioners move for partial summary judgment on the issue as to             
          whether, on the facts of this case, it would be impossible to                
          allocate a specific portion of the partnership's total cost or               
          tax basis in its land to the funds the partnership received for              
          the water rights.  Because of the alleged impossibility of                   
          allocating any specific portion of the partnership's land cost to            
          the water rights, petitioners, as a matter of summary judgment,              
          would allocate the partnership's total $675,000 tax basis in the             
          land to the $1,088,132 the partnership received for the water                
          rights.                                                                      
               If we address this issue, respondent objects to partial                 
          summary judgment on the ground that material facts remain in                 
          dispute as to what an appropriate allocation would be of the                 
          partnership’s tax basis in the land to the funds the partnership             
          received for the water rights.                                               










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