Aron B. Katz and Phyllis A. Katz - Page 26




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          specific rules in later portions of section 706(d) aimed at                 
          curbing the retroactive allocation of deductions to late-entering           
          partners through the use of the cash method of reporting, see               
          sec. 706(d)(2), or through the use of tiered partnerships, see              
          sec. 706(d)(3).  The conference report accompanying DEFRA                   
          explains as follows:                                                        
                    The Tax Reform Act of 1976 amended the partnership                
               provisions to preclude a partner who acquires his                      
               interest late in the taxable year from taking into                     
               account partnership items incurred prior to his entry                  
               into the partnership (“retroactive allocations” of                     
               partnership losses).  The 1976 Act provided that when                  
               partners’ interests change during the taxable year,                    
               each partner’s share of various items of partnership                   
               income, gain, loss, deduction, and credit is to be                     
               determined by taking into account each partner’s                       
               varying interest in the partnership during the taxable                 
               year.                                                                  
                    Some taxpayers argue that the 1976 Act rule may be                
               avoided in the case of tiered partnership arrangements                 
               on the theory that losses sustained by the lower-tier                  
               partnerships are allocable to the day in the upper-tier                
               partnership’s taxable year on which the lower-tier                     
               partnership’s taxable year closes.  Similarly,                         
               partnerships using the cash receipts and disbursements                 
               method of accounting have avoided the retroactive                      
               allocation rules by deferring actual payment of accrued                
               deductions until near the end of the partnership’s                     
               taxable year.  [H. Conf. Rept. 98-861, at 855 (1984),                  
               1984-3 C.B. (Vol. 2) 1, 109; emphasis added.]                          
               The origins of section 706(d)(1) reveal that it was not                
          intended to articulate an additional “change of interest”                   
          triggering event which would require the application of special             
          rules to determine a partner’s distributive share for the                   
          partnership taxable year in which the change occurred.  Rather,             






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