Aron B. Katz and Phyllis A. Katz - Page 14




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          tax items, a partner in bankruptcy and his bankruptcy estate are            
          properly considered as one and the same.                                    
                         ii. Is the Allocation of a Partner’s Distributive            
                              Share Between the Partner and His Bankruptcy            
                              Estate a Determination That Should Be Made at           
                              the Partnership Level?                                  
               The TEFRA provisions and the accompanying legislative                  
          history reflect a desire on the part of Congress to have only               
          those items that are more appropriately determined at the                   
          partnership level constitute the subject of a partnership-level             
          proceeding.  See secs. 6221, 6231(a)(3); H. Conf. Rept. 97-760,             
          at 600 (1982), 1982-2 C.B. 600, 662.  The determination of the              
          manner in which items of income, gain, loss, deduction, and                 
          credit are allocated among the various partners in a partnership            
          is one best made at the partnership level, because the allocation           
          to one partner necessarily affects the allocation to another.               
          Not surprisingly, the partnership must provide the distributive             
          shares of each of its partners in its information tax return.               
          See Schedule K-1 to Form 1065, U.S. Partnership Return of Income.           
          Yet once the partnership has determined the distributive share of           
          a partner who happens to be in bankruptcy, there exists no                  
          statutory obligation upon the partnership to subdivide the                  
          distributive share between such partner and his bankruptcy                  
          estate.9  This stands to reason, as such a suballocation will               


               9  This fact will be illustrated in our discussion infra of            
          the merits of the allocation of the prepetition partnership                 
          losses as between Mr. Katz and his bankruptcy estate.                       



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