Curtis R. and Lynn Bitker - Page 22

                                       - 22 -                                         
          that the payments are rental income to petitioners and an                   
          additional rental expense of the Bitker partnership.                        
               Payments a partner receives from a partnership generally fall          
          into one of three categories.  First, a partner may receive                 
          payments representing distributions of his/her distributive share           
          of partnership income.  See sec. 731.  Second, a partner may                
          receive payments in circumstances where he/she is not treated as a          
          partner.  Sec. 707(a).  And third, a partner may receive                    
          guaranteed payments for services or use of capital that do not              
          represent distributions of partnership income.  Sec. 707(c).                
               Payments made to a partner either in his capacity other than           
          as a partner under section 707(a) or as guaranteed payments under           
          section 707(c) must satisfy the requirements of section 162(a)              
          before such payments may be deducted by the partnership.  Cagle v.          
          Commissioner, 63 T.C. 86, 91, 95 (1974) (no deduction is allowed if         
          the payment by the partnership to a partner constitutes a capital           
          expenditure), affd. 539 F.2d 409 (5th Cir. 1976).                           
               Section 1.707-1(a), Income Tax Regs., provides in part:                
               Where a partner retains the ownership of property but                  
               allows the partnership to use such separately owned                    
               property for partnership purposes (for example, to obtain              
               credit or to secure firm creditors by guaranty, pledge,                
               or other agreement), the transaction is treated as one                 
               between partnership and a partner not acting in his                    
               capacity as a partner.                                                 
               Here, petitioners retained ownership of their farmland but             
          allowed the Bitker partnership to use the land in connection with           






Page:  Previous  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  Next

Last modified: May 25, 2011