- 12 - % of P's Interest Name Basis Foreclosed On Loss Dime Box No. II $1,056.32 100% $1,056.32 Dime Box No. III (Pet.) 3,730.90 93.75 3,497.72 Dime Box No. III (M & A) 873.26 50 436.63 CAG Farmout 2,797.60 75 2,098.20 66 Farmout (Pet.) 873.68 100 873.68 66 Farmout (M & A) 581.79 100 581.79 Character of Loss Finally, we must decide the character of the loss. Gain or loss on the sale or exchange of a partnership interest is capital gain, except in certain circumstances involving unrealized receivables and inventory. Secs. 741, 751. Respondent concedes that the foreclosure of each partnership interest was a sale or exchange under which loss was realized and hence recognized. 6(...continued) interest held in the name of M & A Interest, and the Dime Box No. III interest held in the name of M & A Interest. According to the Schedules K-1, petitioner owned the same percentage of each of these three partnerships at the end of 1987 as he did at the beginning, which suggests that no foreclosures occurred with respect to these partnership interests during the year. However, the parties agree, and we have found, that foreclosures occurred during 1987 with respect to these interests. The Schedules K-1 are, in this respect, inconsistent. The Schedules K-1 notwithstanding, respondent clearly concedes, and we have found, that petitioner suffered losses premised on the foreclosure of the following: His entire interest in 66 Farmout held in his name, his entire interest in 66 Farmout held in the name of M & A Interest, and half of his interest in Dime Box No. III held in the name of M & A Interest.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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