- 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 inPage: 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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