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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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