- 7 - For purposes of the preceding sentence, a husband and wife (and their estates) shall be treated as 1 partner. [Sec. 6231(a)(1)(B)(i).1] Congress enacted the small partnership exception in TEFRA to ensure that only "simple" partnerships would be excepted. See McKnight v. Commissioner, 99 T.C. 180, 185 (1992), affd. 7 F.3d 447 (5th Cir. 1993); Tax Compliance Act of 1982 and Related Legislation: Hearings on H.R. 6300 Before the House Committee on Ways and Means, 97th Cong., 2d Sess. 259-261 (1982). These simple partnerships were described in the aforesaid legislative history as partnerships whose members "treat themselves as co- ownerships rather than partnerships, and each co-owner resolves his own tax responsibilities separately as an individual with the IRS." A small partnership may elect to have the TEFRA partnership procedures apply. See sec. 6231(a)(1)(B)(ii). If made, the election will apply for the taxable year of election and all subsequent taxable years unless revoked with the consent of the Secretary. See McKnight v. Commissioner, supra at 185. In this case, under section 6231(a)(1)(B)(i), Executive Inn is deemed to have had only two partners--petitioners as husband 1The above version of the statute applies to the tax years 1994 and 1995 involved here. The Taxpayer Relief Act of 1997, Pub. L. 105-34, sec. 1234(a), 111 Stat. 788, 1024, amended sec. 6231(a)(1)(B)(i), effective for partnership tax years ending after Aug. 5, 1997.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011