- 58 - 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.Page: Previous 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Next
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