John W. and Vincentia Schwartz - Page 12

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          Therefore, contributions to and distributions from the                             
          partnership, and, as such, reconciliation of a partner's capital                   
          account, are not weighed for purposes of the same share                            
          requirement.                                                                       
                We next consider whether Westco falls within the small                       
          partnership exception, thereby excusing respondent from issuing                    
          an FPAA with respect to that partnership for the 1985 taxable                      
          year.  Westco was formed in February 1979 and originally                           
          consisted of four partners: Bill Bruce, Donald Ham (Ham), Michael                  
          O'Daniels, and petitioner.  As of 1985, only petitioner and Ham                    
          remained partners, petitioner having purchased the other                           
          partners' interests.  Because, like Makalu, Westco clearly had 10                  
          or fewer partners during the relevant period, the dispute again                    
          centers upon whether the same share requirement is satisfied.                      
                The record is unclear as to the percentage of Westco that                    
          was owned by petitioner during 1985.  Despite petitioner's having                  
          prepared Westco's partnership returns and Schedules K-1 for each                   
          of the years it was in existence, he was unable to testify as to                   
          his ownership interest in Westco or his distributive share of the                  
          partnership's profits and losses.  Westco's Form 1065 for 1985                     
          reflects a net ordinary loss of $3,252.  The loss was allocated                    
          to the partners and reflected on the Schedules K-1 as follows:                     
          Partner    Status     Income(Loss) Assigned     Percent of Loss                    
          Petitioner   GP             ($3,563)                1.09                           
          Ham          GP                 311                 (.09)                          





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