- 18 - credit, when determining his income tax. Sec. 702(a); Vecchio v. Commissioner, 103 T.C. 170, 185 (1994). Each partner is taxed on his distributive share of partnership income regardless of whether the amount is actually distributed to him. United States v. Basye, 410 U.S. 441, 454 (1973) (“Few principles of partnership taxation are more firmly established than that no matter the reason for nondistribution each partner must pay taxes on his distributive share.”); Vecchio v. Commissioner, supra at 185; sec. 1.702-1(a), Income Tax Regs. A partner’s distributive share of income or loss is generally determined by the partnership agreement. Sec. 704(a). The partnership agreement may be written or oral. Stern v. Commissioner, T.C. Memo. 1984- 383; sec. 1.761-1(c), Income Tax Regs. In the case of an oral partnership agreement, all the facts and circumstances surrounding the formation and operation of the partnership are relevant in determining the sharing ratios of the partners. Barron v. Commissioner, T.C. Memo. 1992-598; Hogan v. Commissioner, T.C. Memo. 1990-295 n.7; Reed v. Commissioner, T.C. Memo. 1978-58; Ryza v. Commissioner, T.C. Memo. 1977-64. If the partnership agreement does not provide as to a partner’s distributive share, or if the partnership agreement provides for an allocation that does not have substantial economic effect, then a partner’s distributive share is determined by the partner’s “interest in the partnership.” Sec. 704(b).Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011