- 8 - Petitioner concludes from Mr. Salmon’s testimony that the $413,500 estimate is consistent with the claimed basis of $926,500 when viewed in the light of the “unusual circumstances”. We disagree with petitioner for two reasons. First, petitioner focuses inappropriately on the construction costs to ascertain TBP’s basis in the buildings. Given the fact that all of these costs were incurred between 1978 and 1980 and that TBP did not purchase the farm from Alpha until 1986, none of these costs enter into TBP’s depreciable basis in the buildings. TBP’s basis in the farm, which by our definition includes both the buildings and the land, equals the amount that it paid Alpha for the sale. That amount is stated clearly in the deed as $350,000. Petitioner makes little attempt to explain the $350,000 price set forth in the deed other than to assert on brief that the Court need not accept that figure as TBP’s depreciable basis. In his petition, petitioner did allege that TBP received the farm from Alpha in exchange for Alpha’s receipt of an interest in TBP and, accordingly, that section 723 operated to give TBP a transferred basis in the farm. Respondent, however, denied that allegation in answer. The allegation, therefore, is not evidence. See Rule 143(b). Petitioner’s counsel also informed the Court during his opening statement at trial that petitioner would show that he had caused Alpha to contribute the farm to TBP in exchange for a partnership interest. Petitioner never madePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011