- 17 - • Profits, losses and credits -- after considering Mr. Hoyt’s share -- are allocated strictly on the basis of capital account. This means that each partner’s interest in the credits, profits and/or loss is calculated annually by comparing the partner’s capital account to the aggregate of the capital accounts of all partners in the partnership. 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. Capehart was recomputed, and computational adjustments were made to the distributive shares of Hoyt partnership losses claimed by petitioner and Mr. Capehart, resulting in deficiencies for each of the years at issue. The adjustments were primarily attributable to the Hoyt organization’s having sold more cattle to the various Hoyt limited partnerships than it actually owned, see id., having overvalued some of the cattle sold to the Hoyt limited partnership, see Mora v. Commissioner, 117 T.C. 279, 292 (2001), and having failed to properly account for income generated by the sale of calves in calculating partnership losses, see Bales v. Commissioner, T.C. Memo. 1989-568.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011