Estate of James R. Tobias, Deceased, V. Pauline Tobias, Executrix, and Verna P. Tobias, Surviving Spouse - Page 30




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             "minimal", a partner is subject to tax on his share of                   
             partnership income whether or not such income is actually                
             distributed to him.  See United States v. Basye, 410 U.S.                
             441, 453-454 (1973); sec. 1.702-1(a), Income Tax Regs.                   
                  We also reject the estate's argument that respondent                
             erred by allocating partnership income for 1990 through                  
             1993 on the basis of the 1997 State court opinion.  In                   
             these cases, it is necessary to determine the interest of                
             each brother in the partnership for purposes of section                  
             704(b)(1), and the determination must be made by taking                  
             into account all of the facts and circumstances relating to              
             the economic arrangement of the partners.  See sec. 1.704-               
             1(b)(3)(i), Income Tax Regs.  We believe that respondent                 
             has correctly reviewed the effect of the 1997 State court                
             opinion and the other facts and circumstances relating to                
             the financial arrangements of the brothers in determining                
             their interests in the partnership.                                      
                  On the basis of the four factors listed in section                  
             1.704-1(b)(3)(ii), Income Tax Regs., and all the facts and               
             circumstances of these cases, we find that during each of                
             the years in issue James had a 100-percent interest in the               
             partnership income and Darwin had a zero interest in the                 
             partnership income.  Accordingly, we agree with respondent               
             and Darwin that 100 percent of the income of the                         






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