Aron B. Katz and Phyllis A. Katz - Page 8




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          income, gain, loss, deduction, or credit of the partnership.  See           
          sec. 301.6231(a)(3)-1(a)(1)(i), Proced. & Admin. Regs.                      
               3.   Bankruptcy Regulation                                             
               The Secretary is authorized to identify by regulations                 
          certain instances in which the treatment of an item as a                    
          partnership item under the TEFRA procedures will interfere with             
          the effective and efficient enforcement of the Internal Revenue             
          Code.  See sec. 6231(c)(2).  The Secretary has identified the               
          bankruptcy of a partner as one such instance.  See sec.                     
          301.6231(c)-7T(a), Temporary Proced. & Admin. Regs. (the                    
          bankruptcy regulation), 52 Fed. Reg. 6793 (Mar. 5, 1987), which             
          provides as follows:                                                        
               (a) Bankruptcy.  The treatment of items as partnership                 
               items with respect to a partner named as a debtor in a                 
               bankruptcy proceeding will interfere with the effective                
               and efficient enforcement of the internal revenue laws.                
               Accordingly, partnership items of such a partner                       
               arising in any partnership taxable year ending on or                   
               before the last day of the latest taxable year of the                  
               partner with respect to which the United States could                  
               file a claim for income tax due in the bankruptcy                      
               proceeding shall be treated as nonpartnership items as                 
               of the date the petition naming the partner as debtor                  
               is filed in bankruptcy.                                                
          If the bankruptcy regulation applies to convert a partnership               
          item into a nonpartnership item, the effect of the conversion is            
          to except the item from the TEFRA procedures.  The tax treatment            
          of the item therefore may be determined in accordance with the              
          deficiency procedures applicable to the partner’s individual tax            
          case.  See Computer Programs Lambda, Ltd. v. Commissioner, 89               





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