- 46 - have the necessary information to provide specific amounts when he prepared BBP’s tax returns. However, the fact that the partnership returns failed to report specific amounts of assets and liabilities does not mean that Russell did not have a positive basis in his partnership interest. It is evident that the partnership returns are incorrect, and respondent cannot rely upon them to meet his burden. At trial, Russell introduced two loan statements addressed to BBP. The first statement, from FCS of NW North Dakota, reflects an operating loan with a principal balance of $678,860.67 as of January 1, 1994, and $649,537.49 as of December 31, 1994. The second statement, from the First Bank Minot, reflects a loan with a balance of $157,803.26 as of March 31, 1994. Russell claims that these loans reflect a basis of at least one-half of the combined loan balances, or $403,670, because he obligated himself for the partnership debt.26 Russell claims that he had additional basis as a result of certain adjustments contained in the notice of deficiency. Russell also contends that Melvin withdrew more money from BBP over the years 25(...continued) Melvin’s death, the assets of BBP “consisted of cash, marketable securities, notes receivable, oil and gas properties, office furniture and fixtures, farm inventory, seed, buildings and equipment having a fair market value of $1,463,019.” 26At trial, Russell and Mr. Feldmann testified that these loans were fully paid in 1998, one-half by Russell and one-half by a limited partnership formed for Melvin’s children.Page: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Next
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