- 16 - petitioner, and its losses after July 11, 1991, are allocated to the bankruptcy estate because petitioner’s filing of the petition in bankruptcy (and the bankruptcy estate’s succession to ownership of his interest in GSD) caused a change in ownership of that interest. We disagree. Petitioners point out that in Smith v. Commissioner, supra, the Commissioner disallowed a pro rata portion of losses from real estate rentals; i.e., allowed the losses to the taxpayer for the part of the year before he filed in bankruptcy. Petitioners apparently contend that the Commissioner followed the same procedure for the taxpayers’ partnership losses; however, the opinion in Smith makes clear that the taxpayers failed to prove the amount of partnership losses or that they were incurred before the taxpayers filed in bankruptcy. Thus, Smith is silent on the point for which petitioners cite it here. Income, gain, loss, deduction, and credit of a partnership are treated as if received by the partner on the last day of the partnership’s tax year. See sec. 706(a). Thus, if a partner commences a bankruptcy case before the last day of the partner’s tax year and the bankruptcy estate holds the partnership interest on the last day of that year, then that partner’s share of any income, gain, loss, deduction, or credit of the partnership is treated as earned by the bankruptcy estate. The bankruptcy estate succeeded to petitioner’s interest inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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