Interhotel Company, Ltd. - Page 12




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          (3) any allocation of partnership income or gain.  A partner’s              
          capital account is decreased by the amount of partnership losses            
          and deductions allocated to such partner.   The capital account is          
          further reduced by the fair market value of property distributed to         
          the partner, net of any liability that the partner assumes or to            
          which the property is subject.  See sec. 1.704-1(b)(2)(iv), Income          
          Tax Regs.                                                                   
               The regulations governing the economic effect of special               
          allocations contain three tests that essentially serve as “safe             
          harbors”.  Special allocations are deemed to have economic effect           
          if they meet the requirements of any one of these safe harbor               
          tests.                                                                      
               (1)  The Basic Test of Economic Effect                                 
               The basic test for economic effect (with respect to special            
          allocations) is set forth in section 1.704-1(b)(2)(ii)(b), Income           
          Tax Regs.  The test provides, in general, that a special allocation         
          will have economic effect if the partnership agreement contains             
          provisions that require:  (1) The determination and maintenance of          
          partners’ capital accounts be in accordance with the rules of               
          section 1.704-1(b)(2)(iv), Income Tax Regs.; (2) upon liquidation           
          of the partnership, the proceeds of liquidation be distributed in           
          accordance with the partners’ positive capital account balances;            
          and (3) upon liquidation of the partnership, all deficit capital            
          accounts be restored to zero.                                               






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