Susan L. Abelein - Page 18

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                    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...)           





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