- 18 - For purposes of computing a partner’s capital account, all partners are entitled to include their share of partnership debt for which they assumed personal liability, until they liquidate their interest in the partnership. • Any partner having a capital account below zero has a basis in the partnership below zero. Pursuant to, and in accordance with, the settlement agreement and our opinion in Shorthorn Genetic Engg. 1982-2, Ltd. v. Commissioner, T.C. Memo. 1996-515, the capital account of petitioner and Mr. Abelein was recomputed, and computational adjustments were made to the distributive shares of Hoyt partnership losses claimed by petitioner and Mr. Abelein, resulting in deficiencies for each of the years at issue. The adjustments were primarily attributable to the fact that the Hoyt organization had sold more cattle to the various Hoyt limited partnerships than it actually owned, see id., and had failed to properly account for income generated by the sales of calves in calculating partnership losses, see Bales v. Commissioner, T.C. Memo. 1989-568. On March 6, 1998, respondent mailed petitioner and Mr. Abelein a letter that explained how respondent’s examination of DGE’s partnership returns affected the Abeleins’ income tax liability for taxable years 1982 through 1986.7 7Respondent’s adjustments resulted in reductions of the Schedule E losses and investment credits the Abeleins claimed and a disallowance of their IRA contribution deduction so that the Abeleins’ tax liability was increased for the taxable years in issue as follows: $4,871 for 1982; $4,573 for 1983; $3,229 (continued...)Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011