- 36 - substantial economic effect, and that there is no meaningful discrepancy between the economic effect of and of the tax accounting for petitioner's participation as a partner of Pecaris. We need not accept petitioners' invitation to engage in an extended substantial economic effect analysis of the Pecaris partnership agreement. We don't have here the usual situation that section 704(b) and the regulations thereunder are designed to deal with, in which the taxpayer is trying to justify a special allocation provided by the partnership agreement. Here we have a common garden variety partnership agreement with a straightforward conventional provision for sharing profits and losses that petitioners are asking us to disregard. The absence of any agreement among the Pecaris partners modifying the general profit and loss sharing provisions of the Pecaris partnership agreement precludes any special allocation of the gain from the sale of the Mall away from petitioner. See Deauville Operating Corp. v. Commissioner, T.C. Memo. 1985-11. Petitioner presses the argument that the Pecaris partners' capital accounts were not kept in accordance with the section 704(b) regulations, sec. 1.704-1(b)(2)(ii)(b)(1), Income Tax Regs., that liquidating distributions were not required to be made in accordance with those regulations, sec. 1.704- 1(b)(2)(ii)(b)(2), Income Tax Regs., and that there was noPage: 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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