- 37 - 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 ofPage: 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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