- 12 - partner's individual liabilities by reason of the assumption by the partnership of such individual liabilities, shall be considered as a distribution of money to the partner by the partnership. Likewise, such a decrease in a partner's share of the liabilities of a partnership results in a reduction in a partner's tax basis in his partnership interest. Sec. 722. A partner's contribution of a promissory note to a partnership will not, in and of itself, establish basis since the note is not deemed to be cash, and is not property in which the partner possesses a basis. Sec. 722; Gemini Twin Fund III v. Commissioner, T.C. Memo. 1991-315, affd. without published opinion 8 F.3d 26 (9th Cir. 1993). However, in order for a limited partner to acquire basis in his or her partnership interest with respect to the contribution of a promissory note, the rules of section 752(a) apply. Accordingly, if the limited partner's share of the partnership's liabilities is increased upon the contribution of a promissory note, the increase will be treated as a contribution of money, and will, therefore, increase basis pursuant to section 722. Sec. 1.752-1(e), Income Tax Regs.9 The aforementioned provisions' requirement that the limited partner is obligated to make an additional contribution is satisfied if the limited partner has an unconditional, ultimate 9Applicable to partnership liabilities incurred or assumed before Jan. 30, 1989.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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