- 4 - Schedule F deductions as follows: (1) The partnership activities constituted a series of sham transactions lacking economic substance; (2) the partnership did not actively engage in the trade or business of farming; and (3) the partnership did not pay or incur any bona fide trade or business expenses during the taxable period, or, if the partnership did pay or incur expenses, the partnership did not establish that these were ordinary and necessary trade or business expenses currently deductible under section 162. In the FPAA, respondent set forth alternative positions based on his determination that the partners were not entitled to deduct their proportionate shares of the partnership’s losses because they were not “at risk”, within the meaning of section 465, or did not have sufficient adjusted basis in their partnership interests. See sec. 704(d). Respondent also reduced the partnership’s tax preference items by disallowing qualified investment expenses of $9,973,739. In the petition, the petitioning partners assigned error to all of respondent’s adjustments and, with respect to the disallowance of the Schedule F deductions, averred the following: (1) The partnership incurred and paid ordinary and necessary expenses in the conduct of its trade or business of farming, in an amount not less than the amount claimed by the partnership, (2) the partnership engaged in a bona fide farming activity,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011