- 22 - accordance with each partner's interest in the partnership, as provided by section 704(b)(1). Accordingly, we must determine the interests of James and Darwin in the subject animal farm partnership. The regulations promulgated under section 704 define the phrase "partner's interest in the partnership" as the "manner in which the partners have agreed to share the economic benefit or burden (if any) corresponding to the income, gain, loss, deduction, or credit (or item thereof) that is allocated." Sec. 1.704-1(b)(3)(i), Income Tax Regs. The regulations also provide that the determination of a partner's interest shall be made by taking into account all facts and circumstances relating to the economic arrangement of the partners. See sec. 1.704- 1(b)(3)(i), Income Tax Regs. Specifically, section 1.704- 1(b)(3)(ii), Income Tax Regs., provides that the following four factors shall be considered in determining a partner's interest in the partnership: (1) The partners' relative contributions to capital; (2) the partners' interests in economic profits and losses; (3) the partners' interests in cash-flow and other nonliquidating distributions; and (4) the rights of the partners to distributions of capital upon liquidation of the partnership. See Vecchio v.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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