- 17 - taxes on the 1994 K-1" and “word that cash is estate’s share of ptnrsp [sic]”. The evidence in the record reflects that, at the time the grain sales were made in 1994, the grain was owned by BBP. It was not until the settlement agreement in 1998 that the grain was labeled as the sole property of Russell. It is well settled that taxpayers lack the privilege of retroactively allocating between themselves tax obligations owed to the United States. United States v. Little, 753 F.2d 1420, 1430 (9th Cir. 1984); Moore v. Commissioner, 70 T.C. 1024, 1032 (1978); Curtis v. Commissioner, T.C. Memo. 1995-344; Jacobellis v. Commissioner, T.C. Memo. 1988-315; see also Pesch v. Commissioner, 78 T.C. 100, 128-129 (1982); Bonner v. Commissioner, T.C. Memo. 1979-435 (“an agreement to which respondent is not a party cannot force him to collect taxes from someone other than the person upon whom taxes are imposed” (citing Neeman v. Commissioner, 13 T.C. 397 (1949), affd. per curiam 200 F.2d 560 (2d Cir. 1952))). On the basis of the evidence in the record, we hold that the grain sold in 1994 was BBP’s property and that the income from the grain sales was therefore BBP’s. We now turn to the question of the proper allocation between the estate and Russell of the partnership income from the grain sales in 1994. II. Allocation of Gain From Sale of Grain A partner must take into account his “distributive share” of each item of partnership income, gain, loss, deduction, andPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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