- 26 - 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,Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011