Salina Partnership LP - Page 23




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          1992, leaving a corrected net short-term capital gain of $334,214.          
          Petitioner filed a timely petition for readjustment contesting the          
          FPAA.                                                                       
                                       OPINION                                        
               Salina computed its short-term capital gain for its taxable            
          year ended December 31, 1992, pursuant to a complex set of tax              
          basis adjustment provisions contained in subchapter K, Partners and         
          Partnerships, of subtitle A of the Internal Revenue Code (the               
          Code).  We begin our analysis with a review of the statutory                
          provisions in question.                                                     
               Pursuant to sections 701 and 702, a partnership is treated as          
          a flow-through entity for purposes of Federal income taxation. See          
          United States v. Basye, 410 U.S. 441, 448 (1973); Brannen v.                
          Commissioner, 722 F.2d 695, 703-704 (11th Cir. 1984), affg. 78 T.C.         
          471 (1982).  As such, a partnership’s items of income, gain, loss,          
          deduction, and credit pass through the entity to its individual             
          partners.  Consequently, although respondent adjusted Salina’s              
          partnership return by substantially reducing the amount of the net          
          short-term capital gain reported for the period ended December 31,          
          1992, the ultimate impact of this adjustment is to substantially            
          reduce FPL’s distributive share of the gain, which in turn nearly           
          eliminates the ordinary losses that FPL reported on its tax returns         
          for 1994, 1995, 1996, and 1997.                                             








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