Thomas Louis Mitchell - Page 7

                                        - 7 -                                         
          believes he is entitled to a $60,000 loss deduction.3                       
               All of the properties with respect to which petitioner                 
          sustained losses were partnership interests.  In general, the               
          adjusted basis of a partner's interest in a partnership equals              
          the amount of money and the adjusted basis of property                      
          contributed by the partner to the partnership, increased by the             
          partner's distributive share of partnership income and certain              
          other amounts, and decreased by distributions and the sum of the            
          partner's distributive share of partnership losses and certain              
          other expenditures.  Sec. 705(a).  Petitioner's contentions                 
          notwithstanding, there is no provision in the Code allowing a               
          partner a stepped-up basis in his partnership interest as a                 
          result of its being pledged as collateral.  Thus, we reject                 
          petitioner's argument that the basis of each partnership interest           
          was equal to its fair market value.4                                        
               Petitioner next argues, in the alternative, that                       
          respondent's computation of basis is wrong in any event.  First,            
          petitioner argues that respondent improperly relied on the                  
          Schedules K-1 in computing basis.  Second, petitioner argues that           
          respondent double counted IDC in making that computation.                   

               3 At trial, petitioner also argued that he was entitled to a           
          loss deduction of $40,000 -- the difference between the $100,000            
          loan secured by the Dime Box No. II, Dime Box No. III, and CAG              
          Farmout partnership interests and the $60,000 fair market value             
          of those interests at foreclosure.  On brief, petitioner merely             
          maintains that the loss is equal to $60,000.                                
               4 For the same reason, we reject petitioner's argument at              
          trial, identified supra note 3, that his loss was equal to                  
          $40,000.                                                                    


Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011