- 8 - reported a $20,000 guaranteed payment and a partnership ordinary loss of $130,260. Turning to the statutory notice of deficiency, we find that respondent made a substantial adjustment to the partnership ordinary loss claimed by petitioners. No adjustment was made to the $20,000 guaranteed payment. Ultimately, the parties executed a Form 906. The first "WHEREAS" clause refers to a dispute "with respect to the taxability of the taxpayer's distributive share of gains or losses from [Federal] arising from security trading transactions * * *". The second "WHEREAS" clause states, that the parties wish to determine "all of the federal income tax consequences of the taxpayers' interest in the partnerships". Reading these clauses, together with the remainder of the Closing Agreement, leads us to conclude that the specific adjustments agreed upon relate only to partnership adjustments. Thus, the $21,822 allowable loss is to be deducted from the claimed $130,260, which results in an adjustment of $108,438. This is respondent's position. Petitioners argue that the Closing Agreement should be interpreted to exclude the $20,000 guaranteed payment which petitioner received in 1980 and which petitioners reported on their 1980 return. Petitioners' arguments are based on the premise that the absence of any specific provision in the Closing Agreement covering the $20,000 guaranteed payment necessarilyPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011