- 20 - recall the following statement from our opinion in Vecchio v. Commissioner, 103 T.C. 170, 185-186 (1994): In determining his income tax, a partner must take into account his "distributive share" of each item of partnership income, gain, loss, deduction, and credit. Sec. 702(a). Each partner is taxed on his distributive share of the partnership income without regard to whether the amount is actually distributed to him. Sec. 1.702-1(a), Income Tax Regs.; see also United States v. Basye, 410 U.S. 441, 453 (1973). A partner's distributive share of partnership income or loss is to be determined by the partnership agreement, provided the allocation has substantial economic effect. Sec. 704(a). If the partnership agreement does not provide as to the partner's distributive share, or if the partnership agreement provides for an allocation that does not have substantial economic effect, then a partner's distributive share is determined by the partner's "interest in the partnership". Sec. 704(b). A partner's interest in the partnership is determined by taking into account all facts and circumstances. Id. As suggested above, section 704 provides the framework for determining a partner's distributive share of partnership income, gain, loss, deductions, or credits and governs the allocation of such partnership items. It provides as follows: SEC. 704(a). Effect of Partnership Agreement.--A partner's distributive share of income, gain, loss, deduction, or credit shall, except as otherwise provided in this chapter, be determined by the partnership agreement. (b) Determination of Distributive Share.-- A partner's distributive share of income, gain, loss, deduction or credit (or item thereof) shallPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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