Interhotel Company, Ltd. - Page 30




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          informing us that neither party desired an evidentiary hearing.  We         
          then ordered the parties to file briefs addressing the issues on            
          remand with appropriate computations in support of their respective         
          positions.                                                                  
               It is apparent that respondent’s concession effectively                
          removes the basis for our original decision; namely, that a deemed          
          liquidation of IHCL would not trigger a minimum gain chargeback.            
          Petitioner now asserts that respondent’s concession requires a              
          determination in petitioner’s favor.  Petitioner maintains that a           
          comparative liquidation of IHCL in 1990 and in 1991 would produce           
          minimum gain chargebacks to THEI in both years, which chargebacks           
          would be sufficient to eliminate THEI’s negative capital account.           
          The result is that both partners would have positive capital                
          accounts.  Accordingly, petitioner maintains, the requirement that          
          liquidation proceeds be paid in accordance with positive capital            
          accounts shows that its allocations reflect the partners’ economic          
          interests in the partnership.  Respondent, however, contends that,          
          notwithstanding his concession, our original decision was correct,          
          based upon alternative evidentiary and legal arguments.                     
               Initially, in his brief on remand, respondent maintains that           
          petitioner has failed to substantiate the amounts of the                    
          partnership minimum gains at issue.  We disagree.  We reviewed this         
          matter thoroughly during the trial of this case and see no reason           
          to revisit this issue.  Petitioner produced its accountant’s work           






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