- 7 - of $3,313,241 for the 1994 taxable year. Of these amounts, $723,240 consists of claimed losses related to petitioner's interests in two subchapter C corporations. We shall decide whether petitioners are entitled to a partnership loss carryover in the amount of $2,590,001 in 1994. Section 6001 requires that a taxpayer liable for any tax shall maintain such records, render such statements, make such returns, and comply with such regulations as the Secretary may from time to time prescribe. To be entitled to a deduction, therefore, a taxpayer is required to substantiate the deduction through the maintenance of books and records. Petitioner has not established that the entities in question incurred a loss in 1992, or any other year. At most, petitioner has established that the partnership entities defaulted on the debt in the amount of $2,590,001 in 1992. Even if petitioner had established that the partnerships had incurred a loss, petitioner would not be entitled to a flow-through loss deduction as petitioner has not established his bases in his partnership interests. The determination of a partner’s basis in his or her partnership interest must be made before a partner can deduct his or her share of partnership losses because losses cannot reduce a partner’s basis below zero. See sec. 704(d); Sennett v. Commissioner, 80 T.C. 825, 829 (1983), affd. 752 F.2d 428 (9thPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011