Salina Partnership LP - Page 40




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               A few months after issuing Rev. Rul. 88-77, supra, the                 
          Commissioner issued section 1.752-1T(g), Temporary Income Tax               
          Regs., 53 Fed. Reg. 53143, 53150-53151 (Dec. 30, 1988), defining            
          “liability” in pertinent part as follows:                                   
                    (g) Liability defined.--Except as otherwise provided              
               in the regulations under section 752, an obligation is a               
               liability of the obligor of purposes of section 752 and                
               the regulations thereunder to the extent, but only to the              
               extent, that incurring or holding such obligation gives                
               rise to--                                                              
                         (1) The creation of, or an increase in,                      
                    the basis of any property owned by the obligor                    
                    (including cash attributable to borrowings);                      
                         (2) A deduction that is taken into                           
                    account in computing the taxable income of the                    
                    obligor; or                                                       
                         (3) An expenditure that is not                               
                    deductible in computing the obligor’s taxable                     
                    income and is not properly chargeable to                          
                    capital.                                                          
          For reasons that are unclear, the final regulations under section           
          752 do not contain a definition of the term “liabilities”.  See             
          sec. 1.752-1, Income Tax Regs.                                              
               In Rev. Rul. 95-26, 1995-1 C.B. 131, the Commissioner                  
          addressed the question presented herein:  Whether a partnership’s           
          short sale of securities creates a liability within the meaning of          
          section 752.  The revenue ruling states that a partnership entered          
          into a short sale of securities on a national securities exchange.          
          The partnership’s broker-dealer took securities on hand and sold            
          them on behalf of the partnership.  The partnership left the cash           





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