Interhotel Company, Ltd. - Page 11




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          will have “substantial economic effect” but also the manner of              
          determining a partner’s “interest in the partnership”.                      
          Substantial Economic Effect                                                 
               The regulations provide that a special allocation of                   
          partnership items is deemed to have substantial economic effect,            
          if, in the event there is an economic benefit or burden that                
          corresponds to an allocation, the partner to whom the special               
          allocation is made receives a corresponding benefit or bears a              
          corresponding burden.  See sec. 1.704-1(b)(2)(ii), Income Tax Regs.         
          Moreover, the economic effect of the special allocation must be             
          substantial; this requires “a reasonable possibility that the               
          allocation (or allocations) will affect substantially the dollar            
          amounts to be received by the partners from the partnership,                
          independent of tax consequences.”  Sec. 1.704-1(b)(2)(iii)(a),              
          Income Tax Regs.                                                            
               Determinations of substantial economic effect, as well as              
          determinations of a partner’s interest in the partnership, depend           
          upon an analysis of the partners’ capital accounts.  Generally              
          speaking, a partner’s capital account represents the partner’s              
          equity investment in the partnership.  The capital account balance          
          is determined by adding (1) the amount of money that the partner            
          contributes to the partnership, (2) the fair market value of                
          property the partner contributes (net of liabilities to which the           
          property is subject or which are assumed by the partnership), and           






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Last modified: May 25, 2011