Salina Partnership LP - Page 51




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          Treasury bills, Salina had a legally enforceable financial                  
          obligation to return the borrowed Treasury bills to Goldman Sachs           
          and ABN.  Significantly, Salina reported the obligation as a                
          liability on its opening balance sheet.                                     
               Consistent with the preceding discussion, we sustain                   
          respondent’s adjustment to Salina’s tax return inasmuch as Salina’s         
          partners were required to increase their outside bases in their             
          partnership interests to reflect their pro rata shares of the               
          aforementioned liability.                                                   
               A final matter.  Petitioner observes that section 1.708-               
          1(b)(1)(iv), Income Tax Regs., was amended effective May 8, 1997,           
          to eliminate the basis adjustment provision underlying the present          
          dispute.13  Because the regulation was amended prospectively, it is         
          of no aid to this Court in deciding the question presented in this          
          case.  See, e.g., Compaq Computer Corp. & Subs. v. Commissioner,            
          113 T.C. 214, 225-226 (1999).                                               
          Under the circumstances, we need not consider the parties’                  
          remaining arguments.  To reflect the foregoing, and the agreement           
          of the parties, see supra note 2,                                           


                                                  Decision will be entered            


               13  Pursuant to an amendment to sec. 1.708-1(b)(1)(iv),                
          Income Tax Regs., effective May 8, 1997, constructive partnership           
          terminations are no longer treated as deemed distributions of               
          partnership assets.  Pursuant to the amendment, the new                     
          partnership is now required to take a carryover basis from the              
          old partnership.                                                            




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