- 30 - 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 workPage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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