- 10 - As it cannot be determined what the allocable share of such partnership income is for any of the partners for any of the years, all of the income has been allocated to each partner, thus increasing your taxable income a net $37,661, $25,208 and $18,089 [sic] for taxable years ending December 31, 1990, 1991 and 1993, respectively. Thus, the notice of deficiency issued to Darwin and his wife allocates to Darwin 50 percent of the ordinary income, interest income, and long-term capital gain realized by the partnership for the years 1990, 1991, and 1993. Discussion In its motion for summary judgment, the estate takes the position that respondent committed error by increasing James' taxable income by 50 percent of the partnership's income and, thus, by treating him as subject to tax on all of the partnership's income. According to the estate, the State court determined, consistent with Darwin's allegations, "that a 50-50 partnership did exist between James and Darwin with respect to the Lake Tobias Animal Farm." The estate argues that, notwithstanding "Darwin's eviction from active participation in the business", the partnership continued to exist during the years in issue for Federal tax purposes because there was no termination pursuant to section 708. Thus, according to the estate, partnership income for the years in issue must be allocatedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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