- 34 - the issues was whether the original agreement that the taxpayer was entitled to all assets upon dissolution was binding on the partners at the time of the actual dissolution. Id. The Commissioner determined that, in accordance with the claim-of- right doctrine, the entire amount of collected receivables constituted income to the taxpayer. Id. Initially, we addressed whether the amounts collected by the taxpayer would be taxable to him if he received them in a nonpartner capacity as the result of the dissolution of the partnership and where the amounts were clearly received under a claim of right by virtue of the original agreement and without restriction as to their disposition. Id. at 678. We found that if that were the case, the amounts were clearly taxable to the taxpayer. Id. Next, we addressed whether, assuming the amounts were partnership income, the claim-of-right doctrine applied. We stated: When a dispute arises over how much partnership income a partner is entitled to, we do not believe that section 702(c), or any other provision of subchapter K, changes the general principle that a taxpayer must include in income funds which he acquires under a claim of right and without restriction as to their disposition. * * * [Id. at 679 (citing Estate of Kahr v. Commissioner, supra at 934).] We assumed without deciding that if the amounts were partnership income taxable in part to the other partners, then those partners would appear to have offsetting losses, and the taxpayer would still be considered as having income to the full extent of thePage: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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