- 4 - allocation issue, each of which related to the water rights adjustment, in our prior opinion we did not address the related factual issue as to what amount of petitioners’ cost basis in the land might be allocable to petitioners’ tax basis in the water rights. On May 12, 1999, after our above opinion was filed in April of 1999, petitioners made a “qualified offer” to respondent to settle the water rights adjustment, which offer respondent did not accept. On October 20, 1999, a decision was entered in this case in which we redetermined petitioners’ tax deficiency based on our prior opinion on summary judgment and on a stipulation filed by the parties settling remaining issues. On January 5, 2000, petitioners filed an appeal with the Court of Appeals for the Ninth Circuit with regard to our partial summary judgment in favor of respondent on the legal allocation issue. Respondent did not appeal our partial summary judgment in favor of petitioners on the capital asset issues. On August 20, 2001, the Court of Appeals for the Ninth Circuit in Gladden v. Commissioner, 262 F.3d 851 (9th Cir. 2001), reversed our partial summary judgment in favor of respondent on the legal allocation issue and concluded that petitioners may be entitled to allocate some portion of their cost basis in the land to their tax basis in the water rights. Because the trial record had not been developed on aspects of that factual allocationPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011