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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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