IPO II, A Partnership, Gerald R. Forsythe, Tax Matters Partner - Page 14

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          or 707(b)(1), subject to certain modifications.  Secs. 1.752-               
          1(a)(3), 1.752-4(b)(1), Income Tax Regs.  Those modifications               
          include substituting “80 percent or more” for “more than 50                 
          percent” each place it appears in those sections.  Sec. 1.752-              
          4(b)(1)(i), Income Tax Regs.                                                
               However, in determining whether a partner bears economic               
          risk of loss on a partnership liability, the regulations also               
          provide the following exception:                                            
                    (iii) Related partner exception.  Notwithstanding                 
               paragraph (b)(1) of this section (which defines related                
               person), persons owning interests directly or indirectly in            
               the same partnership are not treated as related persons for            
               purposes of determining the economic risk of loss borne by             
               each of them for the liabilities of the partnership.  This             
               paragraph (iii) does not apply when determining a partner’s            
               interest under the de minimis rules in � 1.752-2(d) and (e).           

          Sec. 1.752-4(b)(2)(iii), Income Tax Regs.  Both parties dispute             
          the effect of this exception (related partner exception) in the             
          determination of whether Indeck Overseas bore any economic risk             
          of loss with regard to the liability incurred with the purchase             
          of the aircraft.                                                            
               We interpret the policy behind the related partner                     
          exception as preventing the shifting of basis from a party who              
          bears actual economic risk of loss to one who does not.  This               
          means that losses are allowed, to the extent of basis, to the               
          party who is actually exposed to the risk of economic loss                  
          through the application of statute, organizational documents, or            






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