- 17 - (2) The Comparative Liquidation Test Pursuant to section 1.704-1(b)(3)(iii), Income Tax Regs., a partner’s interest in the partnership is determined by the “comparative liquidation test”. When a partner’s special allocation is consistent with the comparative liquidation test, the special allocation is deemed to be in accordance with the partners’ interests in the partnership. This test applies only when a partnership’s special allocations lack economic effect under the alternative test for economic substance set forth in section 1.704- 1(b)(2)(ii), Income Tax Regs. To satisfy the comparative liquidation test, the partnership agreement must meet the first two parts of the basic test for economic effect. That is, the partnership agreement must provide that (1) capital accounts are to be properly maintained, and (2) liquidating distributions will be made only to partners with positive capital account balances. When both conditions are satisfied, a partner’s interest is measured by comparing the amount the partner would receive in a hypothetical liquidation at the end of the current year with the amount the partner would have received in a hypothetical liquidation at the end of the prior year. Specifically: the partner’s interests in the partnership with respect to the portion of the allocation that lacks economic effect will be determined by comparing the manner in which distributions (and contributions) would be made if all partnership property were sold at book value and the partnership were liquidated immediately following the endPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011