Curtis R. and Lynn Bitker - Page 25

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          705(a) provides that the adjusted basis of a partner’s interest in          
          a partnership is the basis as determined under section 7225                 
          (relating to contributions to a partnership) or section 7426                
          (relating to transfers of partnership interests) (1) increased by           
          the partner’s distributive share of partnership income for the              
          current and prior years and (2) decreased (but not below zero) by           
          the amount of distributions from the partnership under section 7337         
          and by the partner’s distributive share of partnership losses for           
          the current and prior years.                                                




               5    Sec. 722 provides that the basis of a partnership                 
          interest acquired by contribution of property, including money, is          
          “the amount of such money and the adjusted basis of such property           
          to the contributing partner at the time of the contribution”.  For          
          purposes of sec. 722, a contribution of money includes: “Any                
          increase in a partner’s share of the liabilities of a partnership,          
          or any increase in a partner’s individual liabilities by reason of          
          the assumption by such partner of partnership liabilities”.  Sec.           
          752(a).                                                                     
               6    Sec. 742 provides: “The basis of an interest in a                 
          partnership acquired other than by contribution shall be determined         
          under part II of subchapter O (sec. 1011 and following).”  In               
          general, the basis of property acquired by gift is the same as it           
          was in the hands of the donor.  Sec. 1015.  For purposes of                 
          determining loss, however, if that basis is greater than the fair           
          market value of the property at the time of the gift, then the              
          basis is the fair market value at the time of the gift.  Id.                
               7    In the case of a distribution by a partnership to a               
          partner other than in liquidation of a partner’s interest, the              
          adjusted basis of the partner is reduced by the amount of money             
          distributed to that partner.  Sec. 733.  Additionally, any decrease         
          in a partner’s share of the liabilities of a partnership is                 
          considered a distribution of money to the partner by the                    
          partnership.  Sec. 752(b).                                                  





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Last modified: May 25, 2011