Interhotel Company, Ltd. - Page 37




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          capital account of $2,877,802. Respondent then notes that section           
          1.704-1T(b)(4)(iv)(e)(2), Temporary Income Tax Regs. requires that          
          each partner must be allocated items of income and gain to the              
          extent of the greater of (1) the partner’s share of the decrease in         
          minimum gain allocable to the disposition of partnership property           
          subject to nonrecourse liabilities, or (2) the deficit balance in           
          such partner’s capital account at the end of the year.  Under               
          respondent’s theory, THEI would be entitled to a minimum gain               
          chargeback of only $3,042,812, its share of the minimum gain                
          chargeback, because that amount would be greater than the                   
          recalculated deficit in its capital account of $2,877,802.                  
               Respondent’s argument that THEI must increase its capital              
          account is based upon an erroneous reading of the regulations.  The         
          regulations state:                                                          
               For purposes of �1.704-1(b)(2)(ii)(d) [the alternative                 
               test for economic substance], the amount of a partner’s                
               share of partnership minimum gain shall be added to the                
               limited dollar amount, if any, of the deficit balance in               
               such partner’s capital account that such partner is                    
               obligated to restore. * * * [Sec. 1.704-                               
               1T(b)(4)(iv)(f)(2), Temporary Income Tax Regs., 53 Fed.                
               Reg. 53164 (Dec. 30, 1988).]                                           
          This provision of the regulations is specifically designed to               
          provide a means for nonrecourse deductions to meet the alternative          
          test for economic substance, described supra.  The regulations do           
          so by treating a partner’s share of a minimum gain chargeback as an         
          amount the partner is required to restore to his or her capital             
          account. In the present case, however, neither the IHCL Original            





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