Great Plains Gasification Associates, A Partnership, Transco Coal Gas Company, A Partner Other Than The Tax Matters Partner - Page 53

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          awarded the redemption rights, especially in the light of DOE’s             
          long track record of mixed signals and reversals over the history           
          of the Great Plains project.  But even if we were to assume, for            
          sake of argument, that respondent’s speculations are sound, the             
          fact remains that the partnership would have benefited materially           
          from the cashflows generated by the project during the redemption           
          period.                                                                     
               In support of his position that the litigation over the                
          disputed redemption rights should not postpone the finality of              
          the foreclosure sale, respondent relies on L&C Springs Associates           
          v. Commissioner, T.C. Memo. 1997-469, affd. 188 F.3d 866 (7th               
          Cir. 1999).  Respondent’s reliance on that case is misplaced.               
          L&C Springs Associates held that a realization event with respect           
          to mortgaged real estate occurred in the year before the                    
          foreclosure sale, when the taxpayer effectively abandoned the               
          mortgaged property.27  L&C Springs Associates, unlike the instant           
          case, did not involve the effect of ongoing foreclosure                     
          litigation on the finality of the foreclosure sale.                         
               Respondent does not appear to dispute that the foreclosure             
          litigation presented genuine legal issues as to whether the                 
          partnership retained redemption rights under North Dakota law.28            


               27 As discussed infra, we conclude that the partnership did            
          not abandon the project prior to the conclusion of the                      
          foreclosure litigation.                                                     
               28 Similarly, respondent does not expressly advance any                
                                                              (continued...)          




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