Bhupindar S. and Rajinder K. Dhillon - Page 8




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          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:                 








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