- 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
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