- 68 - have already been accounted for in respondent's figure of $75,945. However, those not so accounted for include: (1) The income, from whatever Woodbine-associated source, that Howard Berger must accrue or had otherwise included no later than the time of the transfer of his interest to Alice Berger (to be added to basis); (2) the deposit income that Alice must accrue upon the completion of the Phase II mausoleum and her other income from the operation of Woodbine (also to be added to basis); (3)(a) the draw payments and payments of Howard's expenses by Woodbine (to be subtracted from basis) and (b) the similar payments by Woodbine to or on behalf of Alice (also to be subtracted from basis).15 All these adjustments must be made to the Woodbine basis of $75,945 before we can determine Alice Berger's adjusted 15That the adjustments upward for (1) and (2) are appropriate should be clear from the above discussion. The same is true for the adjustments downward for (3) and (4). Neither Howard nor Alice Berger reported any of the draw payments as taxable income, and they were right not to do so. However, now that we must determine Alice Berger's gain on the sale to the Kunkowskis, the draw payments can no longer be ignored for tax purposes. We must make the same changes to the basis of Woodbine that we would make to the basis of partnership interests in the hands of the partners. With respect to (3) and (4), we will have potential windfalls if we don't make the adjustments predicated upon Howard's and Alice's having received distributions from the Woodbine business that were never taxed to them. Generally, partners don't recognize gain or loss on receipt of cash distributions from a partnership, sec. 731(a), but a partner's basis in his partnership interest (outside basis) is reduced by the amount of any money distributed by the partnership, secs. 705(a)(2), 733, provided the amounts he receives from the partnership do not exceed his outside basis, sec. 731(a)(1). The same is true here of Howard's and Alice's interests in Woodbine.Page: Previous 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 Next
Last modified: May 25, 2011