Robert S. McDaniel, Jr. and W. Jane McDaniel - Page 16






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               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.                     








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