Union Carbide Foreign Sales Corporation, et al. - Page 17




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               C.  Petitioner’s Alternative Position.  Although we have                
          decided that petitioner’s acquisition of the vessel is governed              
          by section 167(c)(2), the same result would have been reached                
          even if section 167(c)(2) had not been enacted.  Petitioner                  
          argues that we should treat the acquisition as though it were two            
          separate payments or portions.  Petitioner contends that one                 
          portion would be attributable to the acquisition of a vessel                 
          worth substantially less than the $108 million total payment and             
          the other should be attributable to the cancellation of a                    
          burdensome lease.  Respondent points out that petitioner chose               
          the approach to acquire the vessel instead of making the payment             
          to terminate the burdensome lease.  We note that petitioner’s                
          cost to acquire the vessel was approximately 20 percent less than            
          the cost of the option permitting termination of the lease.                  
          Petitioner, therefore, wishes us to treat the acquisition of the             
          vessel as though it had, in effect, exercised both choices--                 
          petitioner wishes “to have its cake and eat it too!”12                       


               11(...continued)                                                        
               * * * [the taxpayer] owned after May 3, 1978, which is                  
               in issue.  Rather, it is the interest which * * * [the                  
               taxpayer] purchased from * * * [the owner/lessor] on                    
               that date, i.e., a fee simple interest subject to the                   
               outstanding lease.  * * * [Id.; with emphasis as                        
               suggested by respondent.]                                               
               12 Petitioner obviously followed the less costly approach               
          from a financial perspective, but not necessarily from a tax                 
          perspective.  Petitioner has provided no explanation for the 20              
          percent larger cost to terminate the lease than to acquire the               
                                                              (continued...)           





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