§11323

s that constitutes a trade or business and with respect to which the purchaser's basis in such assets is determined wholly by reference to the consideration paid for them. Sec. 1060(c). The Omnibus Budget Reconciliation Act of 1990, Pub. L. 101-508, sec. 11323(a), 104 Stat. 1388-464, amended section 1060(a) to provide that where the parties to an sPeco argues that the burden should shift to respondent to prove the correctness of his determination because the notice of deficiency is arbitrary and

t be treated as failing to be an applicable asset acquisition merely because section 1031 applies to a portion of the assets transferred. The amendment to sec. 1060(a) made by the Omnibus Budget Reconciliation Act of 1990 (OBRA 90), Pub. L. 101-508, sec. 11323(a), 104 Stat. 1388-464, is not reflected above inasmuch as it applies generally to acquisitions after Oct. 9, 1990. But see infra note 10. - 45 - effective date of the amendment to section 1060(a) upon which respondent apparently relies.10