- 37 - 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 OriginalPage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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