Great Plains Gasification Associates, A Partnership, Transco Coal Gas Company, A Partner Other Than The Tax Matters Partner - Page 58

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          on June 30, 1986, or possibly on July 14, 1986, constituted an              
          abandonment by the partnership of the project assets.32  We                 
          disagree.                                                                   
               The existence or timing of an abandonment is “inherently a             
          factual matter that requires a practical examination of all the             
          circumstances”.  L&C Springs Associates v. Commissioner, supra at           
          870.  The courts have applied different standards for analyzing             
          the timing of abandonment losses and the timing of abandonment              
          gains.  Generally, a determination of an abandonment loss                   
          requires an intention on the owner’s part to abandon the asset,             
          along with an “affirmative act” of abandonment.  A.J. Indus.,               
          Inc. v. United States, 503 F.2d 660, 670 (9th Cir. 1974); see L&C           
          Springs Associates v. Commissioner, supra; Middleton v.                     
          Commissioner, 77 T.C. 310, 322, affd. per curiam 693 F.2d 124               
          (11th Cir. 1982).  On the other hand, where, as in the instant              
          case, abandonment of an asset would result in income recognition            


               32 As previously noted, although respondent occasionally               
          posits July 14, 1986, as an alternative date of abandonment,                
          respondent’s arguments do not otherwise direct our attention to             
          any circumstances or analysis supporting that date.  Respondent             
          has been inconstant in his position as to whether he believes the           
          partnership abandoned the project before June 30, 1986, or on               
          that date.  In a Jan. 5, 2005, hearing on petitioner’s motion for           
          summary judgment, respondent’s counsel advised the Court that               
          respondent’s position “is that there was no abandonment or other            
          disposition of the property until June 30” (emphasis added).                
          Inconsistently, on brief respondent contends that the partnership           
          abandoned the project “by June 30, 1986” (emphasis added).                  
          Respondent’s arguments on brief, focusing largely on pre-June 30,           
          1986, events, suggest that this evolution of respondent’s choice            
          of prepositions is purposeful.                                              




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