Aron B. Katz and Phyllis A. Katz - Page 22




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                    (2)  Section does not apply at partnership                        
               level.–-For purposes of subsection (a), a partnership                  
               shall not be treated as an individual, but the interest                
               in a partnership of a debtor who is an individual shall                
               be taken into account under this section in the same                   
               manner as any other interest of the debtor.  [Emphasis                 
               added.]                                                                
          When read in conjunction with section 1398(a) (providing that               
          section 1398 applies only to certain bankruptcy proceedings in              
          which the debtor is an individual), the purpose of the first                
          portion of section 1398(b)(2) is to render section 1398                     
          inapplicable to a partnership in bankruptcy.  The second portion            
          of section 1398 (upon which petitioners base their argument) is             
          properly interpreted as a clarification that even though section            
          1398 does not apply to a partnership in bankruptcy, it                      
          nonetheless governs the tax treatment of a partnership interest             
          of an individual in bankruptcy.  Section 1398(b)(2) is thus not             
          intended to articulate a specific manner in which the income or             
          loss from a partnership interest is to be divided between a                 
          partner and his bankruptcy estate.  Rather, such specifics are              
          addressed in section 1398(e).  Petitioners’ reliance upon section           
          1398(b)(2) is misplaced.                                                    
               3.   Petitioners’ Argument Under Section 706(d)(1)                     
               Section 706(a) provides that the distributive share of                 
          income or loss for the entire partnership taxable year is deemed            
          to be distributed to the holder of the partnership interest as of           
          the close of the partnership taxable year.  Given that Mr. Katz’            






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