Interhotel Company, Ltd. - Page 9




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          Dondi through June 20, 1991, the date Dondi’s interest was                  
          transferred to Mr. Manchester.  The 1991 return further reflected           
          that, after June 20, 1991, 100 percent of IHCL’s net income was             
          allocated to THEI.                                                          
               Respondent challenged the allocation of 100 percent of IHCL’s          
          net income to THEI; respondent determined that for the period after         
          June 20, 1991, Mr. Manchester should be allocated a portion of              
          IHCL’s net income.  Specifically, respondent determined that Mr.            
          Manchester’s distributive share of IHCL’s net income should be              
          increased by $814,296 and that his share of tax preference items            
          should be increased by $23,490.  This reallocation of IHCL’s net            
          income reflects the pre-June 20, 1991, allocation of income and             
          losses to Dondi:  1 percent to THEI and 99 percent to Mr.                   
          Manchester, as Dondi’s successor.  The FPAA stated that “the                
          adjustments in the distributive shares are determined in accordance         
          with the partners’ interest in the partnership as the partnership           
          has not shown that the allocation per the return is an allowable            
          allocation under the provisions of the Internal Revenue Code.”              
               In Interhotel Co. I, we held that the allocation of 100                
          percent of IHCL’s net income for 1991 to THEI lacked substantial            
          economic effect and was inconsistent with the partners’ interests           
          in the partnership. Accordingly, we sustained respondent’s                  
          reallocation of the majority of that income to Mr. Manchester.  On          








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