- 24 - 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, sectionPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011