Woody F. Lemons - Page 55

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             "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.                                     








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