- 43 - 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 receivePage: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
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