Rodney J. Blonien and Noreen E. Blonien - Page 13

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          interest over 10 years, which still left him with a negative                
          capital account.                                                            
               As a general rule, absent an agreement to the contrary, a              
          partner will be liable to a partnership to the extent of such               
          partner’s negative capital account balance upon dissolution of              
          the partnership.  See sec. 1.704-1(b)(2)(ii)(b)(3), (c), Income             
          Tax Regs.                                                                   
               For tax and accounting purposes, Finley Kumble first                   
          allocated COD income to petitioner and other partners to reduce             
          their negative capital accounts and then allocated the remaining            
          COD income to petitioner and all other partners in proportion to            
          their contributions to the partnership under the bankruptcy plan.           
          The restoration of the balance of petitioner’s negative capital             
          account was accomplished by the first-step allocation of the                
          partnership’s COD income resulting from the discharge of its                
          debts in the bankruptcy proceeding; the second-step allocation              
          allocated the remaining COD income to petitioner and the other              
          partners in proportion to their capital contributions.                      
               All in all, the partnership-level TEFRA proceeding seems to            
          have led to a sensible tax result insofar as petitioner is                  
          concerned.  In 1987, petitioner realized tax benefits from Finley           
          Kumble in the form of losses that reduced his distributive share            
          of partnership income to less than his actual distributions                 
          received, which was a contributing factor in causing his capital            






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