Dakotah Hills Offices Limited Partnership, An Arizona Limited Partnership, William M. and Dianne B. Stephens, Tax Matters Partner, et al. - Page 10

                                       - 10 -                                         
          "partnership items" for purposes of section 6231.8  Subsequently,           
          the case was submitted on the basis of the record.  Petitioners             
          did not file a brief, but respondent filed a brief within the               
          time designated by the Court.                                               
                                      OPINION                                        
               In the instant case, the fundamental issue is whether there            
          was a section 752(b) distribution adjustment by any of the                  
          partnerships to those limited partners who accepted the                     
          settlement with Admiral and the partnerships.  Specifically, the            
          parties diverge on the legal substance and effect of the                    
          Settlement Agreement.  Respondent asserts that the financial                
          arrangements embodied in the Settlement Agreement resulted in a             
          section 752(b) distribution to petitioners.  Conversely,                    
          petitioners contend that none of the partnerships made such a               
          distribution to them.                                                       
               Section 61 requires that certain amounts be included in                
          gross income.  Section 61(a)(13) provides, in part, that gross              
          income means all income from whatever source derived, including,            
          inter alia, distributive shares of a partnership's gross income.            
               Section 701 provides that a partnership is not liable for              
          Federal income taxes; instead, persons carrying on business as              
          partners are liable in their separate or individual capacities              
          for the income taxes arising from partnership operations.  In               

               8The motion was denied.  Dakotah Hills Offices Ltd.                    
          Partnership v. Commissioner, T.C. Memo. 1996-35.                            




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

Last modified: May 25, 2011