- 18 - for development rights in the depreciable basis of Library Tower. Library Square did not deduct any of the $14,249,918 as depreciation, and that amount is not an issue in these cases. Library Square included the remaining $18,942,649 in the depreciable basis of Library Tower and deducted an amount based thereon in its tax returns for 1989-96. Fifth & Grand included the $17,700,000 that MTP paid to CRA for development rights in connection with Phase III of the OPA in the depreciable basis of Grand Place Tower and deducted amounts based thereon in its tax returns for 1991-92 and 1994- 96. In Notices of Final Partnership Administrative Adjustments (FPAA) issued to Library Square for 1989-96, and to Fifth & Grand for 1991-92 and 1994-96, respondent disallowed the depreciation Library Square and Fifth & Grand had claimed with respect to costs incurred to acquire development rights. OPINION A. The Parties’ Arguments 1. Petitioners’ Arguments Petitioners contend that (a) all of the development costs in issue were incurred to acquire the variations that allowed Library Square and Fifth & Grand to construct Library Tower and Grand Place Tower; (b) Ordinance No. 159802 and the MTP Designated Building Site added nothing to the rights thatPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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