- 8 - and wife, and Kenneth and Rosemary Manrao as husband and wife-- thereby meeting the first requirement of the small partnership exception. See sec. 6231(a)(1)(B)(i)(I). Furthermore, there is no indication that Executive Inn filed an election under section 6231(a)(1)(B)(ii) to be treated as a partnership for purposes of the TEFRA partnership procedures. In fact, Executive Inn indicated on Schedule B of its Form 1065, U.S. Partnership Return of Income, line 4, for the 1994 and 1995 taxable years that it was not subject to the consolidated audit procedures of sections 6221 through 6233. The remaining question, therefore, is whether the second requirement that each partner's share of each partnership item was the same as his share of every other item has been satisfied. See sec. 6231(a)(1)(B)(i)(II). Section 301.6231(a)(1)-1T(a)(3), Temporary Proced. & Admin. Regs., 52 Fed. Reg. 6789 (Mar. 5, 1987), provides in pertinent part: (3) "Same share." The requirement of section 6231(a)(1)(B)(i)(II) is satisfied for a taxable year if during all periods within that taxable year each partner's share of each of the partnership items specified in � 301.6231(a)(3)-1(a)(1)(i) through (iv) is the same as that partner's share of each of the other partnership items specified in that section during that period (even though the partner's share of all such specified partnership items changes from period to period within that taxable year) * * * The partnership items referred to in these regulations are:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011