- 28 - estate argues that a "50-50 income allocation is consistent with the requirements of the Internal Revenue Code under all of the undisputed facts and circumstances of this case." We consider the facts and circumstances the estate relies on. First, the estate argues that the partnership income for the years in issue did not inure to the benefit of James. According to the estate, this is shown by the fact that the asset value of the partnership was not increased by the amount of income reported by the partnership, and by the fact that any distribution to James upon liquidation of the partnership would be minimal. Second, the estate argues that respondent "is improperly attempting to use a state court decision rendered in 1997 with respect to an accounting * * * to retrospectively reallocate income for federal income tax purposes for the calendar years 1990 through 1993." Contrary to the estate's argument, the net asset value of the partnership increased each year by the amount of partnership income. In the following schedule, we have computed the net asset value of the partnership using the balance sheets filed with the partnership returns as Schedule L, and we have compared the annual increases in net asset value to the income reported: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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