- 22 - nonrecourse debt, the partnership’s deduction of expenses associated with these properties--such as expenses for depreciation--may lead to a situation where the amount of nonrecourse debt exceeds the partnership’s basis in the properties securing that debt. These deductions–-called “nonrecourse deductions”--per se do not have economic effect because the lender (and not the partnership or its partners) bears the economic risk of loss with respect to the nonrecourse deductions. As applicable to 1991 (the taxable year at issue), temporary regulations exist that govern the allocation of deductions attributable to nonrecourse debt. These provisions are set forth in section 1.704-1T(b)(4) and (5), Temporary Income Tax Regs., 53 Fed. Reg. 53161-53173 (Dec. 30, 1988), and involve the concepts of “minimum gain” and “minimum gain chargebacks”. These provisions represent the application of the Tufts principle in a partnership context. “Minimum gain” is created when a partnership claims deductions that decrease the partnership’s basis in a given property to an amount less than the balance of the nonrecourse debt incurred in the acquisition of that property. The event that triggers a “minimum gain chargeback” is one which causes a decrease in partnership minimum gain. A triggering event therefore occurs when a partnership disposes of property in respect of which the partnership’s nonrecourse indebtedness exceedsPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011