Tampa Bay Devil Rays, Ltd., Naimoli Baseball Enterprises, Inc., Tax Matters Partner - Page 17




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          another issue 184 F.3d 786 (8th Cir. 1999); T.F.H. Publications,            
          Inc. v. Commissioner, 72 T.C. 623, 644-645 (1979), affd. without            
          published opinion 622 F.2d 579 (3d Cir. 1980); see also                     
          Chesapeake Fin. Corp. v. Commissioner, 78 T.C. 869, 880-882                 
          (1982); Standard Television Tube Corp. v. Commissioner, 64 T.C.             
          238, 242 (1975).                                                            
               We agree with petitioner that the facts before us in the               
          instant case fall within the narrow fact pattern of Artnell Co.             
               If played, the Devil Rays’ games would be played in 1998               
          according to a fixed and definite schedule.  Had any games been             
          postponed, the Devil Rays would have played makeup games on fixed           
          dates in 1998, to which makeup games the season tickets and the             
          suite reservations would have been applicable.  The partnership’s           
          major expenses of operating the Devil Rays and playing major                
          league baseball were incurred in 1998.                                      
               If the partnership and the Devil Rays had never received               
          final approval to participate in major league baseball for the              
          1998 season, the partnership never would have incurred the major            
          expenses of operating a major league baseball team.  The                    
          partnership would have been required to refund the deposits on              
          advance season tickets and on private suite reservations.  The              
          deposits and refunds would have been a wash.                                
               On the facts before us involving deposits received for major           
          league baseball games to be played by the Devil Rays in 1998,               






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