13
Citing Z-tron Computer Program v. Commissioner, supra,
respondent maintains that the same share requirement is satisfied
in that only one partnership item, the net loss or income, is
reported on each of the Schedules K-1. Petitioners respond that
two partnership items exist on each Schedule K-1; the net loss or
income and the amounts in Line F (Reconciliation of partner's
capital account), item (e) (losses not included in column (c),
plus unallowable deductions). In Line F, item (e) of the
Schedules K-1, petitioner was allocated a loss of $6,125 and Ham
was allocated a loss of $3063. Petitioners argue that these
allocations are disproportionate with respect to the allocations
of the net loss or income.
As we explained, changes to a partner's capital account are
in and of themselves immaterial to the determination of the same
share requirement except to the extent an item is itself an item
enumerated in section 301.6231(a)(1)-1T(a)(1), Temporary Proced.
& Admin. Regs., supra. Because Westco's partnership return and
the Schedules K-1 attached thereto do not reflect any of the
items listed in the regulations other than net income and loss,
which are allocated to the partners elsewhere on the Schedules K-
1, we are unable to conclude that the amounts in Line F, item
(e), are determinative items for purposes of the same share
requirement.
In light of this conclusion, we need not address whether the
amounts in item (e) reflect an allocation under section 704(c) or
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