- 16 - Schedule K-1 as $55,821. Most of this liability bal- ance is represented by a first mortgage loan held by a bank for which partnership real property is pledged. The partners, including Mr. McDaniel, personally signed the loan agreement for which they have joint and sev- eral liability. The bank has not released Mr. McDaniel from his obligation under the loan agreement. At the time of Mr. McDaniel's 1992 agreement with the partnership, as described above, he had a negative capital account balance of $48,193. His negative capital account balance was incorrectly reported by the partnership on his Schedule K-1 as a long-term capital gain. Mr. McDaniel believes that the correct treatment of his negative capital account balance on his Schedule K-1 is to report the $48,193 on line J, box (d), "With- drawals and Distributions". The partnership's incorrect assumption that his negative capital account balance results in long-term capital gain is inappropriate inasmuch as Mr. McDaniel continues to be contingently liable for $55,821 in partnership liabilities. At such time that Mr. McDaniel's share of partnership liabilities are repaid by the partnership, or otherwise settled, the appropri- ate tax treatment of Mr. McDaniel's negative capital account balance on withdrawal from the partnership can be determined. Petitioners filed their 1993 return sometime after October 10, 1994. Petitioners filed their 1994 return sometime after April 15, 1995. In their 1994 return, petitioners erroneously claimed a dependency exemption for their daughter Holly McDaniel. Petitioners did not report any income attributable to Mr. McDaniel's negative capital account balance in their 1993 return, their 1994 return, or any other return that they filed.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011