- 10 - 50-percent interest in partnership profits, losses, and capital, petitioners' distributive share of Executive Inn's ordinary income was 50 percent for both 1994 and 1995, $24,387 ($24,386.50 rounded to the nearest dollar) and $62,141, respectively. Executive Inn has therefore satisfied the "same share" requirement of section 6231(a)(1)(B)(i)(II). Based on the foregoing, we hold that Executive Inn falls within the small partnership exception under section 6231(a)(1)(B)(i), and is therefore not covered by the TEFRA partnership procedures. Accordingly, the extended time period for filing a petition for redetermination under section 6226(b)(1) of the TEFRA partnership procedures does not apply in this case. Petitioners argue that Congress could not have intended that the small partnership exception would apply under these circumstances. According to petitioners, respondent is abusing the small partnership exception by using it as an excuse to abandon a complex "partnership level examination and then to issue a deficiency notice at the partner level (i.e., effectively limiting challenge to the 'modifications' of partnership income)". We disagree. Section 6231(a)(1)(B) simply codifies Congress' intent to exempt simple partnerships, like Executive Inn, from the TEFRA partnership procedures. See McKnight v. Commissioner, 99 T.C. at 185; H. Conf. Rept. 97-760 (1982), 1982-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011