- 56 - Parmentier’s contribution of his 98-percent interest in Andantech to RD Leasing in exchange for RD Leasing’s preferred stock caused a deemed termination of the partnership. (For convenience, we will refer to the partnership prior to the deemed termination as Andantech-Foreign.) If the sale or exchange of a partner’s interest in the partnership results in the deemed termination of the partnership, then pursuant to section 708(b)(1)(B), the partnership’s taxable year is deemed closed upon the triggering sale or exchange. Sec. 706(c)(1). Consequently, if as petitioners assert the partnership and the sale of the rent receivables are to be respected, Andantech-Foreign’s taxable year is deemed closed on December 10, 1993, the date Mr. Parmentier exchanged his 98-percent interest in the partnership for the preferred stock, and Andantech-Foreign is required to include the income from the sale of the Comdisco rents on its return for the 12/10/93 short period. That income would then pass through to Messrs. Parmentier and de la Barre d’Erquelinnes/EICI. 4. Section 894 provides that, to the extent required by any treaty obligation of the United States, income (of any kind) is exempt from U.S. taxation and excluded from gross income. Here, petitioners assert that any income from the sale of the Comdisco rents that passes through to Messrs. Parmentier and de la Barre d’Erquelinnes would be exempt from U.S. taxation pursuant to the treaty between the United States and Belgium. Further, petitionersPage: Previous 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Next
Last modified: May 25, 2011