Interhotel Company, Ltd. - Page 22




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          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 exceeds         






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