- 48 - 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.Page: Previous 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Next
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