- 24 - 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 whoPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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