- 20 - partners, then the allocation will be recognized provided it has substantial economic effect.16 Sec. 1.704-1(b)(1)(i), Income Tax Regs. Substantial economic effect requires that (1) the allocation have economic effect and (2) such effect is substantial. Sec. 1.704-1(b)(1)(i) and (2), Income Tax Regs. An allocation has economic effect if, and only if, throughout the full term of the partnership, the partnership agreement provides: (1) The partners’ capital accounts be kept in accordance with the regulations; (2) liquidating distributions be made in accordance with positive capital account balances; and (3) a partner must be required to restore a deficit capital account balance following the liquidation of the partnership or of his interest in the partnership. Vecchio v. Commissioner, supra at 189; sec. 1.704-1(b)(2)(ii)(b), Income Tax Regs. An allocation does not have economic effect if it fails to satisfy any of the three parts of the test. Vecchio v. Commissioner, supra at 189. In the instant case, capital accounts were never maintained; thus, the proffered allocations fail the economic effect test. The regulations under section 704 also provide an alternate test for economic effect, contingent on satisfaction of requirements (1) and (2) above. Sec. 1.704-1(b)(2)(ii)(d), 16The “substantial economic effect” test is applicable to all partnership allocations, not just “special allocations”. Hogan v. Commissioner, T.C. Memo. 1990-295.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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