- 33 - 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.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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