Sam E. Scott - Page 10

                                                    - 10 -10                                                      

             Commissioner, T.C. Memo. 1988-195; Lynch v. Commissioner, T.C.                                       
             Memo. 1982-305; Abraham v. Commissioner, T.C. Memo. 1970-304.  A                                     
             partner's adjusted basis in his partnership interest is determined                                   
             under section 705.                                                                                   
                    A partner's initial basis in a partnership is determined by                                   
             the amount of money contributed and the adjusted basis of any other                                  
             type of property contributed.  Sec. 722.  The partner's basis in                                     
             the partnership is then adjusted upward for the partner's                                            
             distributive share of separately stated income items, and downward                                   
             by distributions of money (including the relinquishment of                                           
             liabilities) or the adjusted basis of other property distributed,                                    
             and the partner's distributive share of losses and nondeductible                                     
             expenses.  Sec. 705; La Rue v. Commissioner, 90 T.C. 465, 477                                        
             (1988).                                                                                              
                    Petitioner claims a $121,500 basis2 in the partnership due to                                 
             the "value" of his interest in accounts receivable and work in                                       
             progress for work he performed for clients of the law firm.                                          
             Petitioner explains on brief:                                                                        
                                 A partner's basis for his interest in a                                          
                          partnership depends on how he acquired it.  It                                          
                          may consist of  the  amount  of  cash  he                                               


                    2     At trial, petitioner calculated his basis in his                                        
             partnership interest by adding the amount of accounts receivable                                     
             and costs associated with petitioner's clients ($93,744.68) with                                     
             current work in progress ($65,485.20), for a total of                                                
             $159,229.88.  Petitioner then applied a collection rate which                                        
             reduced the total figure to $121,500.                                                                




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011