- 55 - "in any case where the loss claimed exceeded the capital account as shown on the K-1 (or if there was a negative capital)". Petitioners contend that respondent is "simply wrong on the facts", and, as to each partnership, petitioner "had sufficient basis in the partnership to claim the full amount of the loss shown on the K-1". Petitioners contend that Mr. Lemons was subject to "recourse liabilities" in each case and "when his capital account, whether it be positive or negative, is added to his share of recourse partnership liabilities, Lemons had more than enough basis to utilize the full amount of the loss shown on the K-1." In passing, we note that both parties treat respondent's first reason for disallowing the partnership losses at issue; i.e., whether petitioner's adjusted basis in each of the partnerships was equal to or greater than petitioner's distributive share of the partnership loss as required by section 704(d), as the rationale for the adjustment made in the notice of deficiency; i.e., whether the amount deducted was "more than you have 'at risk'". Neither party raises section 465, which limits deductions to the "amount at risk", or discusses the effect of that section on the facts of these cases.Page: Previous 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Next
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