Carl Goudas and Marilyn Goudas - Page 37

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          deficit make-up provision in the Pecaris partnership agreement,             
          sec. 1.704-1(b)(2)(ii)(b)(3), Income Tax Regs.  Even assuming for           
          the sake of argument that allocating gain from the sale of the              
          Mall to petitioner would lack substantial economic effect under             
          the section 704(b) regulations, his distributive share of income            
          should then be determined in accordance with his interest in the            
          partnership.  Sec. 1.704-1(b)(3), Income Tax Regs.  Absent                  
          substantial economic effect, petitioner and the other Pecaris               
          partners would still be allocated gain in accordance with their             
          respective partnership interests under the partnership agreement.           
               Accordingly, we hold that petitioner's distributive share of           
          Pecaris partnership gain is recognized to him on the Pecaris                
          partnership sale of the Mall.  As a 25-percent partner of                   
          Pecaris, petitioner's distributive share of gain from the sale of           
          the Mall is $827,968 (Pecaris gain of $3,311,873 x .25).                    
                            ____________________________                              

               Before we address the additions to tax, we briefly advert to           
          three issues lurking in the record that are not in issue:  The              
          $100,000 brokerage commission that was not the subject of an                
          additional adjustment by respondent; petitioner's pretrial                  
          motion, which we denied, for leave to amend petition to take                
          account of any reduction in petitioner's reported taxable income            
          from Coastal that would result from the increased basis of the              
          Mall buildings and tangible personal property in the hands of               




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