- 5 - * * *. On April 7, 1998, Bakersfield Resources, LLC acquired additional partnership interests through purchases. These transactions resulted in a new partnership for federal income tax purposes (the “new” partnership retains the same federal employer identification number). As reflected within the capital accounts, the partnership books were restated to reflect the value of the assets as required in the regulations under IRC 704. As reflected within this return, in the event of a sale of these assets, proper adjustments have been made to reflect the tax basis and the proper taxable gain. Also attached was a Section 754 Election Statement as follows: The partnership hereby elects, pursuant to IRC Section 754, to adjust the basis of partnership property as a result of a distribution of property or a sale or exchange of a partnership interest as provided in IRC Sections 734(b) and 743(b). The FPAA in this case was sent October 4, 2005. The notice adjusted BEP’s ordinary income as follows: a. Portfolio income (loss) interest (1) Adjustment $0 (2) As reported 381,998 (3) Corrected 381,998 b. Net gain (loss) under sec. 1231 not casualty/theft (1) Adjustment 16,515,194 (2) As reported 5,390,383 (3) Corrected 21,905,577 The adjustment was explained as follows: Bakersfield Energy Partners, LP has failed to establish that it had a basis greater than $0 in the gas reserves it sold during the taxable year 1998. It has been determined that any optional basis adjustment under section 743(b) was the result of a sham transaction, a transaction lacking economic substance that had no business purpose and no economic effect and/or wasPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 10, 2007