11 computing the taxable income or loss. See sec. 1.704-1(b)(1)(vii), Income Tax Regs." Because the return and Schedules K-1 for Makalu during the relevant periods reflect only net loss and the partners' distributive share of that loss, the same share rule, that each partner's share of each partnership item was the same as his share of every other item available for distribution during the relevant period, was satisfied. Petitioners initially contend that Makalu fails to satisfy the same share requirement in that there is disproportionate treatment of items due to and including guaranteed payments and basis adjustments. However, as we clearly stated in McKnight v. Commissioner, 99 T.C. at 184, such items are not considered "partnership items" for purposes of the same share requirement. Petitioners appear to concede this position in their posttrial briefs, and, in the alternative, argue that the disproportionate allocations of the partners' capital accounts is sufficient to place Makalu outside the scope of section 6231(a)(1)(B). In McKnight v. Commissioner, 99 T.C. at 186, we agreed with the Commissioner that "the rationale for limiting the partnership items applicable to the same share rule was to ensure that only items [having] a direct taxable impact on the partners, i.e., items flowing through to the partners from the partnership under subtitle A, be analyzed." We further agreed that "items that are consistently exclusive to a partner would not eliminate the availability of the small partnership exception." Id.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011