Hugh and Linda Janow - Page 10

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            income.  Pursuant to section 707, a partner shall include in his                              
            taxable year guaranteed payments which are made to him in a                                   
            partnership taxable year ending with or within that taxable year.                             
            Sec. 1.706-1, Income Tax Regs.                                                                
                  An examination of paragraphs 3, 6, and 8 reveals that the                               
            items in those paragraphs are calculated based on, or are a                                   
            reference to, Securities' partnership income and deductions for                               
            the stated years.  Thus, these paragraphs do not specifically                                 
            cover the guaranteed payments petitioners received in 1980 and                                
            1981 (except to the extent deduction of the guaranteed payment                                
            resulted in a larger loss or a reduction in income for the                                    
            partnership in 1980 and 1981, respectively).                                                  
                  In conclusion, we find that no ambiguity exists in the                                  
            Securities Closing Agreement.  The language of the agreement is                               
            clear, and paragraph 7 requires petitioners to include the                                    
            guaranteed payments as ordinary income in the years received.                                 
            Consequently, we shall not look past the "four corners" of the                                
            document to interpret paragraph 7 in the manner that petitioners                              
            urge.                                                                                         
                  To the extent we have not addressed petitioners' other                                  
            arguments, the Court finds them to be without merit.                                          
                  To reflect the foregoing,                                                               
                  An appropriate order                                                                    
                                                             will be issued.                             






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