Albert J. and Helen R. Desantis - Page 39

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          than he transferred to the partnerships.  Although the GAP sheets           
          indicate that some interest payments were made to petitioner,               
          there is no evidence of repayments of principal.7                           
               We now address petitioner's second argument, that the                  
          payments are not income but are nontaxable distributions                    
          chargeable to his capital accounts.  Section 731 provides that a            
          partner recognizes gain to the extent that the amount of any                
          money distributed exceeds the adjusted basis of the partner's               
          interest in the partnership.  Sec. 731(a).  Section 1.731-1(a),             
          Income Tax Regs., provides that this rule is applicable to                  
          current distributions and distributions in liquidation of a                 
          partner's entire interest in a partnership.  Section 707 is not             
          applicable to distributions of money or property by a partnership           
          to a partner.  Sec. 1.707-1(a), Income Tax Regs.                            
               Since we have determined that the payments petitioner                  
          received are guaranteed payments within the purview of section              
          707(c), the payments are not distributions within the meaning of            
          section 731.  Therefore, petitioner's argument that the payments            
          are chargeable to his capital accounts is without merit.                    


          7  If petitioner had lent funds to a partnership and was                    
          paid interest, such payment would, in any event, constitute                 
          income, whereas a return of principal would not constitute                  
          income.                                                                     







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