- 40 - the partnership, it is also “substantial” within the meaning of section 1.704-1(b)(3)(iii), Income Tax Regs.6 The Facts and Circumstances Regulations Both parties have made alternative arguments based upon the broad factors enumerated in the regulations as appropriate for consideration in resolving issues of partners’ interests. The relevant regulations provide that “The determination of a partner’s interest in a partnership shall be made by taking into account all facts and circumstances relating to the economic arrangement of the partners.” Sec. 1.704-1(b)(3)(i), Income Tax Regs. Because of our holding with respect to the comparable liquidation test, there is no need to revisit the "facts and circumstances" issue. Deficiencies After Remand Respondent, in his brief on remand, presented an issue that is not directly related to inclusion of the minimum gain chargeback in the comparative liquidation test. Respondent maintains that the recalculated deficiencies should include a correction to the decision submitted by the parties as a basis for the earlier decision. That correction concerns the treatment of an asserted 6 The comparative liquidation test also requires that the result of the liquidations be adjusted for the items described in (4), (5), and (6) of sec. 1.704-1(b)(2)(ii)(d), Income Tax Regs. See sec. 1.704-1(b)(3)(iii)(b), Income Tax Regs. Respondent asserts that these provisions, described under the “alternate test” of economic substance, supra, are inapplicable here. Petitioner does not disagree.Page: 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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