Carl Goudas and Marilyn Goudas - Page 34

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          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 the                  





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