16 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.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011