- 29 - 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 reportsPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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