Curtis R. and Lynn Bitker - Page 24

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          be reduced for rent of the farmland, (2) petitioners’ income from           
          their rental real estate activity will not be increased for such            
          rent,  and  (3)  petitioners’  distributions  from  the  Bitker             
          partnership will include the partnership’s payments of petitioners’         
          personal debt.                                                              
               B.   Whether Distributions Petitioners Received From the               
                    Bitker Partnership in 1996 and 1997 Exceeded Their Bases          
                    in Their Partnership Interests                                    
               Section 731(a) sets forth the circumstances under which a              
          partner recognizes gain or loss from partnership distributions. In          
          the case of a distribution by a partnership to a partner, gain is           
          recognized only to the extent that the money (including marketable          
          securities) distributed exceeds the adjusted basis of a partner’s           
          interest in the partnership immediately before the distribution.            
          Sec. 731(a)(1); Jacobson v. Commissioner, 96 T.C. 577, 584 (1991),          
          affd. 963 F.2d 218 (8th Cir. 1992).  Any gain recognized under              
          section 731(a) is considered gain from the sale or exchange of the          
          partnership interest of the distributee partner.  Sec. 731(a);              
          P.D.B. Sports, Ltd. v. Commissioner, 109 T.C. 423, 441 (1997).  In          
          the case of a sale or exchange of an interest in a partnership,             
          gain recognized to the transferor partner is generally treated as           
          gain from the sale or exchange of a capital asset.  Sec. 741;               
          Colonnade Condo., Inc. v. Commissioner, 91 T.C. 793, 814 (1988).            
               Section 705(a) states a general rule for determining the               
          adjusted basis of a partner’s interest.  In relevant part, section          






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