Interhotel Company, Ltd. - Page 32




                                       - 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 the               





Page:  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