Victor Grigoraci and Judith A. Grigoraci, et al. - Page 16




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          that the partnership is required to make with respect to an                 
          amount, the character of an amount, or the percentage interest of           
          a partner in the partnership, for purposes of the partnership               
          books and records or for furnishing information to a partner”.              
          Sec. 301.6231(a)(3)-1(a)(4), Proced. & Admin. Regs.                         
               Respondent argues that a determination of the identity of              
          the partners relates to contributions to the partnership and                
          distributions from the partnership.  However, the regulation                
          classifies an item as a partnership item only “to the extent that           
          a determination of the item can be made” by the partnership.  In            
          this case, the identity of the partners is not a partnership item           
          because the partnerships cannot conclusively make such a                    
          determination.  Hambrose Leasing v. Commissioner, supra at 311.             
          The partnership cannot determine whether its corporate partners             
          should be respected for Federal tax purposes without                        
          consideration of information that is not available at the                   
          partnership level.  For example, such a determination requires              
          consideration of the manner in which the corporation’s activities           
          were conducted, whether it was properly formed, whether it has a            
          valid purpose, and whether it actually conducts business.  Moline           
          Props., Inc. v. Commissioner, 319 U.S. 436 (1943).  Moreover,               
          most of the evidence relevant to determining whether the                    
          corporation or the individual is the partner centers on the acts,           
          motives, and intentions of the individuals and not on actions               
          taken by the partnership.                                                   




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