Estate of Melvin W. Ballantyne, Deceased, Jean S. Ballantyne, Independent Executrix, and Jean S. Ballantyne - Page 47




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          than he did and that this supports his arguments that Russell had           
          sufficient basis in BBP in 1994 to avoid being taxed on the                 
          amounts distributed in excess of his distributive share.                    
          Finally, Russell relies on Mr. Feldmann’s testimony that he had             
          withdrawn considerably less money from BBP than Melvin had and              
          that Russell would have had a positive basis after receiving the            
          grain sales proceeds in 1994.                                               
               Respondent argues that Russell has not shown that the basis            
          imputed to his partnership interest from the liabilities still              
          existed in 1994 or had not been used up by prior distributions.             
          Respondent claims that intervening events likely affected                   
          Russell’s basis in BBP and that the existence of the loans does             
          not establish that Russell had any basis in BBP.  Respondent                
          contends that as a result of partnership adjustments proposed to            
          Russell and settled for 1993 and 1994, Russell’s basis in the               
          partnership would have increased at most by $143,203.  However,             
          respondent claims that without further information as to prior              
          distributions made to Russell, it cannot be determined that                 
          Russell had sufficient basis in BBP to withdraw the entire grain            
          proceeds in 1994 as a tax-free distribution.  Respondent claims             
          that Mr. Feldmann’s testimony that he was aware of the two loans            
          is inconsistent with his preparation of BBP’s 1994 return in                
          which each partner’s capital account was reported as being zero             
          at both the beginning and the end of 1994.  Finally, respondent             






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