Estate of James R. Tobias, Deceased, V. Pauline Tobias, Executrix, and Verna P. Tobias, Surviving Spouse - Page 22




                                       - 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

Last modified: May 25, 2011