- 59 - or recapture of tax credits or deductions, an overt act of abandonment is unnecessary if, under the facts and circumstances, “it is clear for all practical purposes that the taxpayer will not retain the property”. L&C Springs Associates v. Commissioner, supra at 870; see Cozzi v. Commissioner, 88 T.C. 435, 445-446 (1987); Brountas v. Commissioner, 74 T.C. 1062, 1074 (1980). Consistent with his September 1986 letter ruling, respondent has stipulated that the partnership did not dispose of the project before May 22, 1986 (the date of the letter ruling request). Notwithstanding this stipulation, however, respondent suggests that even before May 22, 1986, the partnership was in the process of “gradually” abandoning the project. In support of his position, respondent points to many of the same circumstances that were considered in the September 1986 letter ruling. Respondent notes, among other things, that on August 1, 1985, the partners and partnership gave DOE written notice that they were terminating their participation in the project; that various partners, with varying degrees of interest and of active participation of other partners, attempted unsuccessfully for many months to negotiate with DOE to restructure the debt; and that, in respondent’s view, certain of the partners had effectively abandoned the project. As the September 1986 letter ruling concluded, however, and as respondent now concedes, thesePage: Previous 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 Next
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