- 51 - 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.Page: 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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