Jerry J. and Susan N. LeBouef - Page 15




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          1982 (TEFRA) embodied in subchapter C of chapter 63 of the                  
          Internal Revenue Code.”  Toro Leasing falls within the “small               
          partnership” exception contained in section 6231(a)(1)(B)(i) and            
          thus is not under the purview of the unified partnership-level              
          audit procedures implemented by TEFRA.  In such circumstances,              
          respondent has no obligation to conduct an audit of the                     
          partnership and, as the following cases illustrate, may demand              
          that the individual taxpayer substantiate specific facts                    
          underlying items allegedly derived from partnership activities.             
               For example, in Johnson v. Commissioner, T.C. Memo. 1999-              
          412, the taxpayers claimed partnership losses.  After expressly             
          assuming that the partnerships at issue were small partnerships             
          within the meaning of section 6231(a)(1), we reasoned:                      
                    Section 6001 requires that a taxpayer liable for                  
               any tax shall maintain such records, render such                       
               statements, make such returns, and comply with such                    
               regulations as the Secretary may from time to time                     
               prescribe.  To be entitled to a deduction, therefore, a                
               taxpayer is required to substantiate the deduction                     
               through the maintenance of books and records.                          
                    Petitioner has not established that the entities                  
               in question incurred a loss in 1992, or any other year.                
               At most, petitioner has established that the                           
               partnership entities defaulted on the debt in the                      
               amount of $2,590,001 in 1992.  Even if petitioner had                  
               established that the partnerships had incurred a loss,                 
               petitioner would not be entitled to a flow-through loss                
               deduction as petitioner has not established his bases                  
               in his partnership interests. [Id.]                                    










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