Sam E. Scott - Page 12

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             in petitioner's distributive share thereof) until collected;3                                        
             consequently, these items do not affect petitioner's capital                                         
             account or his basis in the partnership. See Thatcher v.                                             
             Commissioner, 61 T.C. 28, 36 (1973), affd. in part and revd. in                                      
             part on other grounds 533 F.2d 1114 (9th Cir. 1976); Raich v.                                        
             Commissioner, 46 T.C. 604, 610 (1966); Pinson v. Commissioner, T.C.                                  
             Memo. 1990-234.                                                                                      
                    To the extent that petitioner may have had other sources which                                
             affected his basis in the  partnership  (such  as  capital                                           
             contributions), he has failed to prove such basis.  Rule 142(a);                                     
             Welch v. Helvering, 290 U.S. 111 (1933).  And in this regard, we                                     
             are mindful that when the law firm adopted a new partnership                                         
             agreement in the late 1980's, partners under the old partnership                                     
             agreement (which presumably included petitioner) were bought out by                                  
             the partnership, and partners under the new partnership agreement                                    
             did not make capital contributions.  Additionally, petitioner has                                    
             failed to adjust his claimed basis in the partnership by the                                         
             distributive share items and cash distributions made by the                                          
             partnership that were reported on Schedule K-1 for 1990, or the                                      
             deemed distribution of any partnership liabilities assumed by the                                    




                    3     Petitioner conceded that neither he nor the firm                                        
             received or reported any income from accounts receivable and work                                    
             in progress during 1990.                                                                             




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