Aron B. Katz and Phyllis A. Katz - Page 24




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          11 U.S.C. sec. 541(a)(1).  As explained below, we agree.  See               
          Gulley v. Commissioner, T.C. Memo. 2000-190 (“Petitioner’s                  
          transfer of his interest in * * * [the partnership] to the                  
          bankruptcy estate was not a change in interest requiring an                 
          allocation of his distributive share of * * * partnership items             
          between himself and the bankruptcy estate for purposes of section           
          706(d)(1).”).                                                               
               Section 706(d)(1) cannot be read in isolation.  It must be             
          read in the larger context of section 706, particularly section             
          706(c).  Prior to its amendment by DEFRA (discussed infra) but              
          following its amendment by the Tax Reform Act of 1976, Pub. L.              
          94-455, sec. 213(c)(1), 90 Stat. 1547, section 706(c)(2) provided           
          as follows:                                                                 
                    (2)  Partner who retires or sells interest in                     
               partnership.–-                                                         
                         (A)  Disposition of entire interest.–-The                    
                    taxable year of a partnership shall close–-                       
                              (i)  with respect to a partner who sells                
                         or exchanges his entire interest in a                        
                         partnership, and                                             
                              (ii)  with respect to a partner whose                   
                         interest is liquidated * * *.                                
                    Such partner’s distributive share of items                        
                    described in section 702(a) for such year shall be                
                    determined, under regulations prescribed by the                   
                    Secretary, for the period ending with such sale,                  
                    exchange, or liquidation.                                         
                         (B)  Disposition of less than entire                         
                    interest.--The taxable year of a partnership shall                
                    not close * * * with respect to a partner who                     





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