- 14 - 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, orPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011