Interhotel Company, Ltd. - Page 29




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          the nonrecourse loans with new capital or profits from operations),         
          we concluded that a liquidation of IHCL under the comparative               
          liquidation test would not increase the partners’ capital accounts          
          sufficiently to eliminate THEI’s deficit account.  Therefore,               
          because Mr. Manchester would continue to have the only positive             
          capital account on liquidation, we concluded that he alone would be         
          entitled to the liquidation proceeds.  Thus, we sustained                   
          respondent’s determination that Mr. Manchester was chargeable with          
          all of IHCL’s income for 1991 under the comparative liquidation             
          test.                                                                       
               Petitioner revised its argument on appeal to maintain that             
          there need not be a deemed sale of the hotel properties in order to         
          trigger the minimum gain chargebacks.  On appeal, petitioner argued         
          that to generate such chargebacks, it would suffice that IHCL, a            
          pass-through beneficiary of the nonrecourse deductions, had                 
          terminated its pass-through connection to the properties.                   
          Respondent, having considered this revised argument, agreed.  In            
          view of respondent’s concession as to the minimum gain chargebacks,         
          the Court of Appeals vacated our earlier decision and remanded the          
          case to us.                                                                 
               Following the Court of Appeals’ remand of this case, we                
          instructed the parties either to submit an agreed decision document         
          or to file written status reports advising how we should implement          
          the Court of Appeals’ mandate.  The parties filed status reports            






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