116 T.C. No. 2 UNITED STATES TAX COURT ARON B. KATZ AND PHYLLIS A. KATZ, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket Nos. 460-96, 780-97, Filed January 12, 2001. 181-98. P-H, a calendar year taxpayer, owned interests in several calendar year partnerships. P-H filed a bankruptcy petition on July 5, 1990. P-H included the portions of his distributive shares attributable to the period prior to his bankruptcy filing on his separately filed 1990 income tax return. The remainder of those distributive shares were reported by P-H’s bankruptcy estate. Held: The manner in which the distributive share of a partner in bankruptcy is allocated between the partner and the bankruptcy estate is not a “partnership item” under sec. 6231(a)(3), I.R.C. Accordingly, such allocation need not be resolved in a partnership-level proceeding pursuant to the uniform audit and litigation procedures of secs. 6221-6234, I.R.C. Held, further, where a partner’s bankruptcy estate retains beneficial ownership of a partnership interest as of the close of the partnership taxable year, the partner’s distributive share for the entire partnership taxable year is reportable by the bankruptcy estate. See secs. 706(a), 1398(e), I.R.C.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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