Great Plains Gasification Associates, A Partnership, Transco Coal Gas Company, A Partner Other Than The Tax Matters Partner - Page 59

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          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, these            







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