Tampa Bay Devil Rays, Ltd., Naimoli Baseball Enterprises, Inc., Tax Matters Partner - Page 19




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          constitute income to petitioner, but rather when the deposits               
          should be included in the partnership’s income under the clear              
          reflection of income standard of section 446.                               
               Respondent notes the partnership’s deduction in 1995 and               
          1996 of expenses relating to its minor league baseball operation,           
          to general operations, and to interest on the financing obtained            
          to pay the $130 million franchise fee.  We agree with petitioner            
          that the partnership’s deduction in years prior to 1998 of minor            
          league baseball expenses, of general startup operating expenses,            
          and of current year interest expense is not inconsistent with the           
          deferral until 1998 of deposits relating specifically to the                
          Devil Rays’ 1998 major league baseball season.                              
               With regard to the $125,000 sponsor fee that the partnership           
          received in 1996, the evidence is incomplete and does not                   
          adequately establish any basis for deferring the sponsor fee to             
          1998.  We sustain respondent’s determination that the sponsor fee           
          should be included in petitioner’s income when received in 1996.            

                                             Decision will be entered                 
                                        under Rule 155.                               














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