- 34 - any actual agreement, oral or otherwise, among the Pecaris partners, or that the reduced distribution of cash to petitioner from the escrow amounted to a de facto amendment of the Pecaris partnership agreement. In the circumstances of this case, we do not indulge in any of the constructions that petitioners have asked us to adopt to determine that none of the Pecaris gain was allocable to petitioner. While the characterization of tax items is determined at the partnership level, sec. 702(b), a partner must include his distributive share of partnership income in gross income whether or not he has received any distributions from the partnership, sec. 702(c). This is true even when the partner's right to receive distributions may be contingent or forfeitable, United States v. Basye, 410 U.S. 441 (1973), or the partnership's income has been concealed by another partner. Starr v. Commissioner, 267 F.2d 148 (7th Cir. 1959), affg. in part, revg. in part, and remanding T.C. Memo. 1958-50. Because the partnership serves as a conduit through which income is allocated to each partner in proportion to his partnership interest, the partner takes these amounts into income in his taxable year in which the partnership's taxable year ends. Secs. 702(a), 706(a). Section 704(a) provides that a partner's distributive share of partnership income, gain, loss, or deduction is generally determined by the partnership agreement. According to thePage: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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