Estate of Melvin W. Ballantyne, Deceased, Jean S. Ballantyne, Independent Executrix, and Jean S. Ballantyne - Page 34




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          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 the              





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