- 47 - 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 Feldmann’s testimony that he had withdrawn considerably less money from BBP than Melvin had and that Russell would have had a positive basis after receiving the grain sales proceeds in 1994.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, respondentPage: 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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