Interhotel Company, Ltd. - Page 39




                                       - 39 -                                         
          that the allocation (or allocations) will affect substantially the          
          dollar amounts to be received by the partners from the partnership,         
          independent of tax consequences.”  Id.  An allocation is not                
          substantial under these regulations if the allocation enhances the          
          after-tax economic position of at least one partner, and it is              
          likely that the after-tax consequences of none of the other                 
          partners will be diminished.   See sec. 1.704-1(b)(2)(iii)(a),              
          Income Tax Regs.                                                            
               The requirement of substantiality is another provision                 
          designed to ensure that allocations reflect economic reality.               
          Here, IHCL has allocated its annual income away from Mr.                    
          Manchester, who succeeded to Dondi’s large capital account, to              
          THEI, which had a substantial negative capital account.  This               
          special allocation had an economic effect because it operated first         
          to eliminate THEI’s negative capital account and, by creating a             
          positive capital account for THEI, then to increase THEI’s share of         
          IHCL’s assets to be received on liquidation.  The special                   
          allocation also ended Mr. Manchester’s claims to additional income.         
          The economic benefit to THEI and economic detriment to Mr.                  
          Manchester combined to prevent the reallocation from failing the            
          requirement of the substantiality test.  Accordingly, not only is           
          the special  allocation consistent with the partners’ interests in          










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