Salina Partnership LP - Page 43




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          short sale is closed, to clarify and simplify the tax treatment of          
          a transaction that is something of a hybrid.  See Hendricks v.              
          Commissioner, 423 F.2d 485, 486-487 (4th Cir. 1970), affg. 51 T.C.          
          235 (1968).  In contrast, the basis adjustment provisions contained         
          in subchapter K, including sections 705 and 752, are intended to            
          avoid distortions in the tax reporting of partnership items by              
          promoting parity between a partnership’s aggregate inside basis in          
          its assets and its partners’ outside bases in their partnership             
          interests.  For present purposes, we observe that the provisions of         
          sections 1233 and 752 are mutually exclusive.  In other words, the          
          conclusion that a partnership’s short sale of securities creates a          
          partnership liability within the meaning of section 752 (thereby            
          increasing the partners’ outside bases in their partnership                 
          interests) does not create tension or conflict with the deferred            
          recognition of gain or loss prescribed for short sale transactions          
          under section 1233.                                                         
               Further, we are not persuaded that the Commissioner’s position         
          in Rev. Rul. 95-26, supra, conflicts with Rev. Rul. 73-301, supra,          
          or the Court’s holding in Helmer v. Commissioner, supra.  The               
          pertinent facts in Rev. Rul. 73-301, supra, are as follows:  During         
          1971, ABC partnership, which reported its income on the completed           
          contract method, was awarded a 2-year contract for the construction         
          of a building.  During 1971, ABC had performed all the services             
          required under the contract in order to be entitled to receive              






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