- 17 - 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,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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