Aron B. Katz and Phyllis A. Katz - Page 25




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                    sells or exchanges less than his entire interest                  
                    in the partnership or with respect to a partner                   
                    whose interest is reduced (whether by entry of a                  
                    new partner, partial liquidation of a partner’s                   
                    interest, gift, or otherwise), but such partner’s                 
                    distributive share of items described in section                  
                    702(a) shall be determined by taking into account                 
                    his varying interests in the partnership during                   
                    the taxable year.  [Emphasis added.]                              
               The language used in the prior version of section 706(c)(2)            
          reveals that it served two distinct but complementary functions.            
          First, former section 706(c)(2) identified certain events                   
          (triggering events) which required the partnership either to                
          close its taxable year with respect to a partner or to determine            
          a partner’s distributive share by taking into account the change            
          in the partner’s interest which had occurred over the course of             
          the partnership taxable year.  Second, former section 706(c)(2)             
          addressed the manner in which a partner’s distributive share was            
          to be determined as a result of the occurrence of a triggering              
          event.                                                                      
               DEFRA amended section 706(c)(2) by severing its two                    
          functions and moving the second over to newly enacted section               
          706(d).  In particular, the provisions of former section                    
          706(c)(2) emphasized above were stricken and consolidated to form           
          the general rule set out in section 706(d)(1).13  The purpose               
          behind this consolidation was to facilitate the addition of                 


               13  Subsec. (d) was added to sec. 706 by sec. 72(a) of the             
          Deficit Reduction Act of 1984 (DEFRA), Pub. L. 98-369, 98 Stat.             
          494, 589.  The deletions from sec. 706(c)(2) were mandated by               
          DEFRA sec. 72(b), captioned “Conforming Amendments.”                        




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