- 32 - the absence of further evidence, we again accept petitioner’s figures as accurate. Next, respondent contends that, even if petitioner has proved the amount of IHCL’s partnership minimum gain, petitioner improperly included this amount in the liquidation proceeds. Respondent argues that the minimum gain chargeback is only an allocation of income, not income itself. Accordingly, respondent concludes that, absent evidence that a liquidation of IHCL would produce economic income or gain, it is improper to include minimum gain in the figures produced by a liquidation. In our opinion, respondent misperceives the function of the minimum gain chargeback. Section 1.704-1T(b)(4)(iv)(a)(2), Temporary Income Tax Regs., 53 Fed Reg. 53162 (Dec. 30, 1988), states that when the amount of nonrecourse liability exceeds the basis of the partnership’s property securing it, “a disposition of such property will generate gain in an amount that is at least equal to such excess.” (Emphasis supplied.) Although this “phantom” gain does not exist in the form of cash, it nevertheless is taken into account for tax purposes. The regulations explain the relation of this phantom gain to nonrecourse deductions as follows: Although an allocation of nonrecourse deductions cannot have economic effect, the amount of nonrecourse deductions allocated to any partner decreases such partner’s capital account. Similarly, although the allocation to a partner of partnership minimum gain that is attributable to nonrecourse deductions claimed by thePage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
Last modified: May 25, 2011