Great Plains Gasification Associates, A Partnership, Transco Coal Gas Company, A Partner Other Than The Tax Matters Partner - Page 48

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                                       OPINION                                        
          I.  Date of the Partnership’s Disposition of Project Assets                 
               We must decide the date as of which the partnership should be          
          treated for Federal tax purposes as having disposed of its                  
          interest in the Great Plains project.  The parties have                     
          stipulated, consistent with respondent’s September 1986 letter              
          ruling, that “no sale, exchange or other disposition of the Great           
          Plains gasification plant or any assets related thereto by Great            
          Plains Gasification Associates occurred on or before May 22,                
          1986”.                                                                      
               On brief, respondent argues that the partnership disposed of           
          the project assets on June 30, 1986, the date of the foreclosure            
          sale.23  Respondent argues primarily that the foreclosure sale              
          itself constituted the disposition.  Alternatively, respondent              
          argues that the partnership abandoned its interests in the project          
          on or by June 30, 1986.                                                     
               Petitioner contends there was no disposition or abandonment            
          of the project assets until the foreclosure litigation terminated           
          on November 2, 1987.                                                        




               23 In one sentence, respondent’s opening brief posits                  
          alternatively that the disposition occurred on July 14, 1986,               
          “the date the sale was confirmed by the District Court”.  Apart             
          from this fleeting reference, however, respondent’s brief makes             
          no separate argument for July 14, 1986, as the disposition date.            





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