Maguire/Thomas Partners Fifth & Grand, Ltd., Maguire/Thomas Partners Grand Place Tower, Ltd., Tax Matters Partner - Page 18

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          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 that                   






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