- 30 - "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 thePage: 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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