Timothy J. Burke - Page 10

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          Petitioner acknowledges that none of the cases he cites involves            
          a partnership.  Instead he argues that, because partnership                 
          taxable income is computed in the same manner as that of an                 
          individual, the existence of a partnership does not matter.                 
          Petitioner argues that the combination of section 703(a) and the            
          cited cases leads to the conclusion that a taxpayer does not have           
          income if there are restrictions on its receipt.                            
               We disagree with petitioner’s argument for several reasons,            
          the first of which is that the cases petitioner cites do not                
          involve partnerships or partners’ distributive shares.  Cohen &             
          Burke was a partnership, and, therefore, the cases petitioner               
          cites do not apply.                                                         
               Secondly, section 703 describes how partnership income is              
          computed;3 i.e., how taxable income is calculated from gross                

               3 SEC. 703(a).  Income and Deductions.--The taxable income             
          of a partnership shall be computed in the same manner as                    
          in the case of an individual except that--                                  
                     (1) the items described in section 702(a) shall be               
                separately stated, and                                                
                     (2) the following deductions shall not be allowed to             
                the partnership:                                                      
                           (A) the deductions for personal exemptions                 
                 provided in section 151,                                             
                           (B) the deduction for taxes provided in section            
                     164(a) with respect to taxes, described in section              
                      901, paid or accrued to foreign countries and to                
                      possessions of the United States,                               
                                                             (continued...)           





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