- 5 - On July 8, 1994, the Partnership filed its 1991 and 1992 Federal partnership information returns with the Commissioner. Those returns did not report any liabilities of the Partnership for the related years. Discussion Section 752(a) allows partners to increase their bases in a partnership by an increase in their share of partnership liabilities. See also sec. 1.752-1(b), Income Tax Regs. Respondent determined that the Partnership had no debt during 1991 or 1992 that would allow the partners to increase their bases under section 752. Petitioner argues that the $400,000 owed to LAG was a Partnership debt that increased each partner’s basis in the Partnership during 1991 and 1992. Petitioner acknowledges that LAG transferred the $400,000 directly to the Corporation and that the promissory note listed the Corporation as the obligor but asserts that the Corporation received the $400,000 as the Partnership’s agent. We disagree with petitioner that the partners may increase their bases in the Partnership to reflect the $400,000 debt. The facts of this case do not establish that the Partnership was ever liable to repay any of that amount. The sole evidence that we find in the record as to a debtor/creditor relationship is the promissory note which provides clearly that the Corporation owed the money to LAG. The note says nothing, nor is there evidence,Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011